In this section we set out a summary of the law against stalking. It is intended to give you some guidance on the subject but it is not intended to be a complete statement of the law and you should not rely on it. Before taking any action against stalking you should consult a solicitor who has expertise in this area.

Legal Protection against Harassment. The main Statute which makes stalking and harassment illegal is The Protection from Harassment Act 1997, but there are a number of other acts which prevent specific forms of harassment, such as silent or abusive telephone calls and malicious mail. There are laws against particular acts such as assault, rape, silent or abusive telephone calls, 'poison pen letters' and the making of defamatory statements; there are laws against harassment in particular places such as harassment at work (including sexual and racial harassment) and in the home; and there are laws against harassment by particular people such as anti-social behaviour orders (which can be made by magistrates courts under the Crime and Disorder Act 1998) and, most importantly, prohibitions on harassment by family members under the 'domestic violence' legislation.

What does the Protection from Harassment Act 1997 forbid?.

The Protection from Harassment Act 1997 ('the 1997 Act') creates 2 criminal offences: Section 2 makes it an offence to harass a person; Section 4 makes it an offence to put a person in fear of violence. In addition, the Act creates a civil 'tort' (i.e. wrong) which a victim can use to sue the stalker for an injunction and/or damages..

• 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 is 'stalking' and 'harassment'?

The 1997 Act does not use the word 'stalking' nor does it really define harassment. It simply 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. The effect of this is to let the trial court in each case decide whether the conduct in that case amounts to harassment.

The offence or tort under the 1997 Act is not committed unless the defendant pursues a 'course of conduct which amounts to harassment'. A 'course of conduct' is defined as conduct on two or more occasions. However, the Divisional Court has rule (in Pratt v. DPP, The Times 22nd August 2001) that prosecutors should be cautious about using the Act where two or only a small number of incidents were alleged to constitute the course of conduct.

What defences are available under the 1997 Act?

The defendant can, of course, simply say that he did not do the acts which it is alleged he has committed. But, in addition, he can rely on the defences in section 1(3), namely:

1. that it was pursued for the purpose of preventing or detecting crime,
2. that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or
3. that in the particular circumstances the pursuit of the course of conduct was reasonable.
4. However, it is for the defendant to prove those defences. He must prove them on the balance of probabilities.

What are the maximum sentences for the criminal offences? The section 2 offence (which can only be tried in a Magistrates Court) is punishable by a maximum of 6 months imprisonment or a fine not exceeding level 5 on the standard scale (currently £5,000) or both. The section 4 offence (which can be tried in either the Magistrates Court or the Crown Court) is punishable in the Magistrates Court by a maximum of 6 months imprisonment or a fine not exceeding level 5 on the standard scale (currently £5,000) or both, and in the Crown Court by a maximum of 5 years' imprisonment or a fine or both.

In addition, the court sentencing the defendant can impose a 'restraining order'. This is an order of the court which prohibits the defendant from doing certain things for a certain period of time. For instance, the court may order the defendant never to contact or attempt to contact the victim of his harassment again or it may order him not to enter a particular road or area for, say, 2 years. The question of how wide the order should be and for how long it should last is up to the sentencing court and no guidelines have, so far, been set by the appeal courts.

What remedies are available in the civil courts?

In addition to creating criminal offences the 1997 Act also creates a civil tort of harassment. The definition of harassment is the same as for the criminal offence. A civil case can be brought in the High Court or, more usually, in the County Court. The procedure is the same as in other civil cases. The court can grant an injunction (i.e. an order requiring the defendant either to do or not to do particular acts) and/or damages. Section 3(2) of the 1997 Act says that damages may be awarded 'for (among other things) any anxiety caused by the harassment and any financial loss resulting from the harassment'. If a defendant breaches an injunction he can be prosecuted in a criminal court for that breach or he can be punished for contempt of court in the civil court, but not both. The criminal offence of breaching such an injunction is punishable in the Magistrates Court by a maximum of 6 months imprisonment or a fine not exceeding level 5 on the standard scale (currently £5,000) or both, and in the Crown Court by a maximum of 5 years' imprisonment or a fine or both. The maximum punishment which a civil court can impose for contempt of court is 2 years' imprisonment.