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.
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.