Join WhatsApp group

Harassment / stalking (without fear of violence)

Harassment, stalking and protective orders — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Harassment, stalking and protective orders

Harassment / stalking (without fear of violence)

Protection from Harassment Act 1997, s.2 (harassment); s.2A (stalking)

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Summary only (basic); racially/religiously aggravated either way
Maximum penalty
s.2 harassment: 6 months and/or level 5 fine; s.2A stalking: 51 weeks and/or level 5 fine (6 months if committed before CJA 2003 s.281(5) commencement). Racially/religiously aggravated variants are either way with higher maxima.

Actus reus

  • Pursue a course of conduct (at least two occasions) which amounts to harassment of another (s.2), or stalking (s.2A — following, contacting, monitoring, loitering, interfering with property, watching/spying, etc.).

Mens rea

  • Know or ought to know that the course of conduct amounts to harassment (objective element).

Defences

Course of conduct for prevention/detection of crime · Pursuit under enactment · Reasonable in the particular circumstances · Deny course of conduct / identification

Sentencing Council

Sentencing Council guideline effective 1 October 2018. Basic offence range: discharge to 26 weeks' custody.

View definitive guideline ↗

At the police station

Domestic and neighbour disputes are common. Map the alleged incidents chronologically. Check for existing restraining / non-molestation orders.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Harassment, stalking and protective orders

Back to the full offences index

Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.