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Stalking involving fear of violence or serious alarm or distress

s.4AProtection from Harassment Act 1997

A course of conduct amounting to stalking that causes the victim to fear violence on at least two occasions, or causes serious alarm or distress with a substantial adverse effect on their usual day-to-day activities.

Stalking involving fear of violence or serious alarm or distress · Protection from Harassment Act 1997, s.4ACard 158 / 195

Points to prove

Pursued a course of conduct that amounts to stalking of another person (B)
s.4A(1)(b)(i)Which caused B to fear, on at least two occasions, that violence would be used against B
s.4A(1)(b)(ii)Or which caused B serious alarm or distress that had a substantial adverse effect on B's usual day-to-day activities
The defendant knew or ought to have known that the course of conduct would cause B to fear violence on each of those occasions, or would cause that alarm or distress

Key definitions

Amounts to stalking – s.2A(2): a course of conduct that is harassment under s.1(1), involves acts or omissions associated with stalking, and which the defendant knows or ought to know amounts to harassment. Section 2A(3) gives examples, such as following, contacting, monitoring someone’s online activity, loitering, and watching or spying.
Course of conduct – s.7(3): conduct on at least two occasions. Conduct includes speech (s.7(4)).
Ought to know – s.4A(2) and (3): a reasonable person with the same information would think the course of conduct would cause that fear, or that alarm or distress.
Substantial adverse effect – not defined in the Act. It could include the victim changing their route to work, moving home, giving up social activities or suffering a decline in health.

Defences

s.4A(4) – the defendant must show that the course of conduct was pursued to prevent or detect crime, or under any enactment or rule of law (or to comply with a requirement made under one), or that it was reasonable to protect themselves, another person or property.

Good to know

If the jury acquit on indictment, they may convict of stalking (s.2A) or harassment (s.2) instead (s.4A(7)).
The racially or religiously aggravated form is under s.32(1)(b) of the Crime and Disorder Act 1998, with a maximum of 14 years.
The maximum on indictment rose from 5 to 10 years on 3 April 2017.
Where the conduct is not stalking, consider putting people in fear of violence under s.4.

Legislation: Protection from Harassment Act 1997, s.4A (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 10 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Stalking involving fear of violence or serious alarm or distress: questions people ask

What are the points to prove for stalking involving fear of violence or serious alarm or distress?

1. Pursued a course of conduct that amounts to stalking of another person (B) 2. Which caused B to fear, on at least two occasions, that violence would be used against B 3. Or which caused B serious alarm or distress that had a substantial adverse effect on B's usual day-to-day activities 4. The defendant knew or ought to have known that the course of conduct would cause B to fear violence on each of those occasions, or would cause that alarm or distress

What is the maximum sentence for stalking involving fear of violence or serious alarm or distress?

10 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)

Is stalking involving fear of violence or serious alarm or distress a summary, either-way or indictable offence?

Stalking involving fear of violence or serious alarm or distress is an either-way offence: it can be tried in the magistrates’ court or the Crown Court.

What Act and section is stalking involving fear of violence or serious alarm or distress?

Stalking involving fear of violence or serious alarm or distress is an offence under the Protection from Harassment Act 1997, s.4A.

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