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
- The statutory defence under section 1(3): conduct pursued to prevent or detect crime, under a rule of law, or in particular circumstances that make it reasonable in the particular case
- Fewer than two occasions, so no 'course of conduct'
- No genuine alarm or distress, or the conduct was reasonable
- Factual dispute about what occurred or the authorship of messages
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.