Criminal Law

Harassment and Stalking Defence Solicitors

Harassment and stalking are prosecuted under the Protection from Harassment Act 1997, targeting a ‘course of conduct’ against another person that causes alarm or distress. ASA Solicitors provides specialist defence for those facing these allegations, many of which arise from messages, contact or proximity after a relationship ends.

The offences

The Protection from Harassment Act 1997 creates a ladder of offences. Section 2 covers harassment — a course of conduct on at least two occasions that amounts to harassment and which the defendant knows, or ought to know, amounts to harassment. Section 2A covers stalking specifically. Section 4 covers putting people in fear of violence, and section 4A covers stalking involving fear of violence or serious alarm or distress.

A ‘course of conduct’ requires at least two occasions directed at the same person or associated persons. Whether conduct is oppressive or unreasonable enough to amount to harassment is judged objectively — what a reasonable person in possession of the same information would think.

Defences

Sentencing and restraining orders

Section 2 harassment is summary-only, with a maximum of six months’ imprisonment. Stalking and fear-of-violence offences under sections 2A, 4 and 4A are triable either-way and carry up to five years’ imprisonment on indictment. A restraining order can be imposed on conviction — and, in some circumstances, on acquittal — prohibiting contact with the complainant.

Frequently asked questions

At least two occasions directed at the same person or associated persons. A single incident, however unpleasant, is not enough for harassment.

Yes. Stalking (section 2A) and the fear-of-violence offences (sections 4 and 4A) are triable either-way and carry up to five years’ imprisonment, compared with the six-month maximum for section 2 harassment.

Yes. Under section 5A of the Protection from Harassment Act 1997, the court can impose a restraining order on acquittal where it is necessary to protect a person from harassment.

Up to five years’ imprisonment on indictment. Section 2 harassment is summary-only with a maximum of six months.

Second opinion

Not happy with your solicitor? Get a second opinion.

You have the right to change your solicitor at any stage of a criminal case. If you are unsure about the advice you have been given, or want a fresh perspective on a serious matter, our specialist criminal defence team offers an independent second opinion without charge.

Ask us about a harassment or stalking allegation

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