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Harassment and Stalking

Harassment and stalking constitute repeated behaviour that distresses, alarms and causes others to fear violence.

Trials have the potential to remain in the Magistrates’ Court or the Crown Court, and defendants benefit greatly from expert legal representation. Newtons can protect your rights and reputation when you are facing allegations of criminal behaviour.

What Is Harassment and Stalking in UK Law?

UK law defines harassment and stalking as repeated, unwanted behaviour that causes distress, alarm or fear of violence. They are criminal offences under the Protection from Harassment Act 1997 and the Stalking Protection Act 2019, respectively. While closely related, there are key differences between stalking and harassment.

Harassment can be physical, verbal, psychological, sexual or conducted using the internet. It may include:

  • Sending abusive messages
  • Posting abusive messages online
  • Neighbour disputes that involve abusive behaviour
  • Repeated antisocial behaviour
  • Making unwanted phone calls

Stalking is a form of harassment where the defendant is alleged to have an obsession with the victim. It may include:

  • Following the person
  • Watching or spying on them
  • Visiting their home uninvited
  • Loitering where they often visit
  • Posting about them online without their permission

What Happens When You Are Accused of Harassment or Stalking?

Being formally accused of harassment or stalking is a deeply distressing and often confusing experience. To ensure that the police and investigators respect your rights, we strongly advise you to seek legal representation. When someone files an official complaint against you for repeated abusive behaviour, you can expect the following to happen:

Response

When someone reports harassment or stalking, the police will initially respond and attend the scene to conduct a risk assessment. This involves ensuring everyone is safe, listening to the history of the behaviour, considering whether the behaviour constitutes harassment or stalking, and determining which measures are required to manage any risk of harm.

Investigation

The police will investigate the allegation and gather appropriate evidence using the Joint National Police Chiefs’ Council (NPCC) and Crown Prosecution Service (CPS) Checklist. If they believe that the unwanted behaviour is likely to escalate and further endanger the victim, the police may arrest you and either remand you in custody or impose appropriate bail conditions.

Charge

The CPS considers whether a conviction is a realistic prospect and whether a prosecution is in the public interest; for example, if they believe you pose a danger to others beyond the victim. If the CPS decides to prosecute, then you will be formally charged and a date will be set for your first court hearing.

Court

When you are charged with harassment or stalking in the UK, you will attend court on several occasions, including for:

  • First hearing 
  • Plea hearing 
  • Trial 
  • Verdict and sentencing

Your case may stay in the Magistrates’ Court or, if violence or serious alarm is involved, escalate to the Crown Court.

How Harassment Solicitors Help

If you are being investigated or arrested for harassment or stalking in the UK, it is important to get expert legal representation as soon as possible. The earlier you instruct a specialist harassment solicitor, the better prepared you will be for police interviews and the more likely they will be to successfully argue against a formal charge.

There are numerous benefits of hiring nearby harassment solicitors, such as:

Early Intervention

By presenting evidence that there is no realistic prospect of a conviction and that a prosecution is not in the public interest, your harassment solicitor can prevent the CPS from bringing a formal charge. Alternatively, depending on the prosecution’s evidence, your solicitor may advise you to admit the offence and seek a caution, avoiding a court trial.

Gathering Evidence

Your harassment or stalking solicitor will analyse digital data (such as phone records, text messages, location data and social media activity) and instruct forensic experts to retrieve deleted data and identify context that the police may have missed. They may also source witnesses to secure your alibi or contextualise your alleged behaviour.

Representing You in Court

As your legal representative, your solicitor will prepare your case and act on your behalf in court. As well as providing expert legal advice, they will work with you to build a robust defence and potentially negotiate pleas and deals with the prosecution. They will know every step of the court process and brief you accordingly.

Mitigating Stalking Restraining Orders

If convicted of harassment or stalking, you may have to observe the terms of a Stalking Protection Order, which mandates certain actions and prohibits you from coming within a certain distance of a person or place. A skilled harassment solicitor can negotiate these terms so that they have a much smaller impact on your daily life.

Harassment Solicitors Near You

Newtons’ experienced harassment and stalking solicitors provide clear legal advice and fight for your best interests. We appreciate that when you are accused of unwanted behaviour, your relationships and livelihood are likely on the line; highly skilled and reliable, we will do everything possible to protect your reputation. Please contact us to arrange an initial consultation at your nearest office or call 0800 038 5500 for urgent enquiries.

FAQs

Both stalking and harassment in the UK constitute repeated, unwanted behaviour, but the police consider some key differences when investigating the allegations. When determining which offence has been purportedly committed, they will consider the actions and potential motivations of the accused party, as well as the victim’s feelings.

The police treat the case as harassment when:

  • The alleged behaviour is unreasonable, but not fixated on the victim
  • The alleged behaviour does not consume the suspect’s daily life
  • The suspect’s alleged behaviour could continue with another victim
  • The suspect’s alleged behaviour could stop once an underlying problem has been resolved
  • The victim is fearful about certain acts, but not in a constant state of fear
  • The victim feels oppressed, but not seriously alarmed or distressed by the alleged behaviour

The police treat the case as stalking when:

  • The suspect’s alleged behaviour is intruding on the victim’s life
  • The alleged behaviour is fixated on the victim
  • The alleged behaviour consumes the suspect’s daily life
  • The suspect has changed their routine to facilitate the alleged stalking
  • The suspect seems preoccupied with the victim in their thoughts and actions
  • The suspect seems to have a strong sense of determination or entitlement
  • The suspect has repeatedly breached stalking restraining orders or protections
  • The victim has a persistent fear of what might happen
  • The suspect’s alleged behaviour is intruding on the victim’s life

The prosecution calculates sentences for harassment and stalking based on culpability and harm. The official sentencing guidelines advise anything from six to 14 months in custody. If convicted, you may also have to observe certain stalking restraining orders or protections.

Yes, a harassment or stalking caution goes on your criminal record. It is added to the Police National Computer (PNC) and shows up on both standard and enhanced Disclosure and Barring Service (DBS) checks.

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