The Law
England and Wales
Below you’ll find a summary of the law against stalking in England and Wales. It’s there for guidance only. It’s not intended to be a complete statement of the law and you shouldn’t rely on it. Before taking any action against stalking you should consult a solicitor who has expertise in this area. To find out more about the situation in Scotland click on the pages on the right hand side.
In England and Wales The most significant law making stalking and harassment illegal is The Protection from Harassment Act 1997. However there are also other pieces of legislation that might be relevant to a stalking case. For example making silent or abusive phone calls is against the law. As is sending ‘poison pen-letters’ or malicious mail. There are laws against making defamatory statements or writing libellous things about someone.
Harassment is also covered in the law. There is legislation against harassment in particular places – such as work (including sexual and racial harassment) and in the home. There are laws against harassment by particular people such as anti-social behaviour orders and most importantly, laws against harassment by family members under ‘domestic violence’ legislation.
Some current laws that may be relevant to a stalking case include:
- Offences against the Person Act 1861
- Sexual Offences Act 1956
- Telecommunications Act 1984
- Malicious Communications Act 1988
- Sex Discrimination Act 1975
- Race Relations Act 1976
- Protection from Eviction Act 1977 and Housing Act 1996
- Now Part IV Family Law Act 1996
What do I need to know about the Protection from Harassment Act 1997?
The Act can be used in both the Civil and Criminal Courts.
It makes it unlawful to ‘pursue a course of conduct which amounts to harassment of another and which the defendant knows or ought to know amounts to harassment of another’ (section 1(1)).
Section 1(2) says that a person ought to know that a course of conduct amounts to harassment if a reasonable person in possession of the same information would think that it amounted to harassment.
See our pages on Criminal and Civil law for more detailed information. Below are some links to further information about the law you might find useful.
Further Information
- There is a wealth of research information on stalking which can be found on the Home Office Research Development and Statistics website –
www.homeoffice.gov.uk/rds
- Home Office Research Study 203
An evaluation of the use and effectiveness of the Protection from Harassment Act 1997, Jessica Harris – Research, Development and Statistics Directorate Home Office 2000. http://www.homeoffice.gov.uk/rds/pdfs/hors203.pdf
- Research Findings No. 130 (Brief version of above)
The Protection from Harassment Act 1997 – An evaluation of its use and effectiveness. Jessica Harris – Home Office Research, Development and Statistics Directorate 2000. http://www.homeoffice.gov.uk/rds/pdfs/r130.pdf
- Home Office Research Study 210
The extent and nature of stalking: findings from the 1998 British Crime Survey
Tracey Budd and Joanna Mattinson, with the assistance of Andy Myhill
Home Office Research, Development and Statistics Directorate
October 2000. http://www.homeoffice.gov.uk/rds/pdfs/hors210.pdf
- Research Findings No. 129 (Brief version of above)
Stalking: Findings from the 1998 British Crime Survey
Tracey Budd and Joanna Mattinson – Home Office Research, Development and Statistics Directorate. 2000.
http://www.homeoffice.gov.uk/rds/pdfs/r129.pdf
- Home Office Research Study 276
Domestic violence, sexual assault and stalking: Findings from the British Crime Survey, Sylvia Walby and Jonathan Allen – Home Office Research, Development and Statistics Directorate. March 2004.
http://www.homeoffice.gov.uk/rds/pdfs04/hors276.pdf
- Home Office Online Report 01/03 – (contribution by Lorraine)
Reducing Homicide: a review of the possibilities, Fiona Brookman, Mike Maguire.
http://www.homeoffice.gov.uk/rds/pdfs2/rdsolr0103.pdf
- RDS Occasional Paper No 81- (Chapter 4 on Stalkers)
Offenders’ risk of serious harm: a literature review, Beverly Powis, Offenders and Corrections Unit – Home Office Research, Development and Statistics Directorate
April 2002. http://www.homeoffice.gov.uk/rds/pdfs2/occ81risk.pdf
www.homeoffice.gov.uk/rds
An evaluation of the use and effectiveness of the Protection from Harassment Act 1997, Jessica Harris – Research, Development and Statistics Directorate Home Office 2000. http://www.homeoffice.gov.uk/rds/pdfs/hors203.pdf
The Protection from Harassment Act 1997 – An evaluation of its use and effectiveness. Jessica Harris – Home Office Research, Development and Statistics Directorate 2000. http://www.homeoffice.gov.uk/rds/pdfs/r130.pdf
The extent and nature of stalking: findings from the 1998 British Crime Survey
Tracey Budd and Joanna Mattinson, with the assistance of Andy Myhill
Home Office Research, Development and Statistics Directorate
October 2000. http://www.homeoffice.gov.uk/rds/pdfs/hors210.pdf
Stalking: Findings from the 1998 British Crime Survey
Tracey Budd and Joanna Mattinson – Home Office Research, Development and Statistics Directorate. 2000.
http://www.homeoffice.gov.uk/rds/pdfs/r129.pdf
Domestic violence, sexual assault and stalking: Findings from the British Crime Survey, Sylvia Walby and Jonathan Allen – Home Office Research, Development and Statistics Directorate. March 2004.
http://www.homeoffice.gov.uk/rds/pdfs04/hors276.pdf
Reducing Homicide: a review of the possibilities, Fiona Brookman, Mike Maguire.
http://www.homeoffice.gov.uk/rds/pdfs2/rdsolr0103.pdf
Offenders’ risk of serious harm: a literature review, Beverly Powis, Offenders and Corrections Unit – Home Office Research, Development and Statistics Directorate
April 2002. http://www.homeoffice.gov.uk/rds/pdfs2/occ81risk.pdf
