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Harassment of a person in their home

s.42ACriminal Justice and Police Act 2001

Being present outside or near someone's home to persuade or make representations to them, intending or knowing that the presence is likely to harass, alarm or distress the resident.

Harassment of a person in their home · Criminal Justice and Police Act 2001, s.42ACard 154 / 195

Points to prove

s.42A(1)(a)Was present outside or in the vicinity of premises used by an individual (the resident) as their dwelling
s.42A(1)(b)Was there to make representations to, or persuade, the resident or another person that they should or should not do (or should or should not have done) something
s.42A(1)(c)Intended their presence to harass, alarm or distress the resident, or knew or ought to have known it was likely to
s.42A(1)(d)Their presence amounted to, or was likely to result in, harassment, alarm or distress to the resident, a person in the resident's dwelling, or a person in another dwelling nearby

Key definitions

Dwelling – s.42A(7): as in Part 1 Public Order Act 1986. Any structure occupied as a home or other living accommodation, including a tent, caravan or vehicle.
Presence – s.42A(3): the defendant’s presence alone or together with others who are also there. A crowd can be considered as a whole.
Ought to know – s.42A(4): a reasonable person with the same information would think the presence was likely to have that effect.
Representing or persuading – s.42A(1)(b): about something the person is entitled or required to do, or not obliged to do. Since 29 June 2026 this also covers things they have already done or failed to do (added by the Crime and Policing Act 2026).

Good to know

s.42A(5) says 51 weeks, but s.42A(6) reads this as 6 months until s.281(5) Criminal Justice Act 2003 comes into force. It has not.
s.42 direction: a constable at the scene may direct a person to do what is needed to prevent harassment, alarm or distress, including leaving and not returning for up to 3 months. Knowingly failing to comply is an offence (3 months and/or level 4 fine). Returning within the period for the same purpose is a separate offence (6 months and/or level 4 fine).
Aimed at protests outside homes, for example targeting scientists, politicians or company staff. For a course of conduct, consider harassment under the Protection from Harassment Act 1997.

Legislation: Criminal Justice and Police Act 2001, s.42A (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: 6 months' imprisonment and/or a fine not exceeding level 4 (£2,500)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Harassment of a person in their home: questions people ask

What are the points to prove for harassment of a person in their home?

1. Was present outside or in the vicinity of premises used by an individual (the resident) as their dwelling 2. Was there to make representations to, or persuade, the resident or another person that they should or should not do (or should or should not have done) something 3. Intended their presence to harass, alarm or distress the resident, or knew or ought to have known it was likely to 4. Their presence amounted to, or was likely to result in, harassment, alarm or distress to the resident, a person in the resident's dwelling, or a person in another dwelling nearby

What is the maximum sentence for harassment of a person in their home?

6 months' imprisonment and/or a fine not exceeding level 4 (£2,500)

Is harassment of a person in their home a summary, either-way or indictable offence?

Harassment of a person in their home is a summary-only offence: it is tried in the magistrates’ court.

What Act and section is harassment of a person in their home?

Harassment of a person in their home is an offence under the Criminal Justice and Police Act 2001, s.42A.

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