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Stalking

s.2AProtection from Harassment Act 1997

Pursuing a course of conduct that amounts to harassment of a person and involves acts or omissions associated with stalking.

Stalking · Protection from Harassment Act 1997, s.2ACard 102 / 85

Points to prove

Pursued a course of conduct in relation to another person
Which amounted to harassment of that person
The acts or omissions involved were ones associated with stalking
They knew or ought to have known that the course of conduct amounted to harassment of that person

Course of conduct – s.7(3): conduct on at least two occasions in relation to that person. Conduct includes speech (s.7(4)).
Harassment – s.7(2): includes alarming the person or causing them distress.
Ought to know – s.1(2): if a reasonable person in possession of the same information would think the course of conduct amounted to harassment.
Acts associated with stalking – s.2A(3) gives examples (the list is not exhaustive): following a person; contacting or trying to contact them by any means; publishing material relating to them or claiming to come from them; monitoring their use of the internet, email or other electronic communication; loitering in any place, public or private; interfering with property in their possession; watching or spying on them.

s.1(3) – the defendant must show that the course of conduct was pursued to prevent or detect crime, under any enactment or rule of law, or that in the particular circumstances it was reasonable.

s.2A(4) states 51 weeks, but s.2A(5) means this is read as 6 months until s.281(5) of the Criminal Justice Act 2003 comes into force.
The more serious offence is stalking involving fear of violence, or serious alarm or distress which has a substantial adverse effect on the victim’s usual day-to-day activities (s.4A). It is either way, with a maximum of 10 years.
Stalking applies only to a single victim under s.1(1). The two-or-more-persons form in s.1(1A) is harassment, not stalking.
Racially or religiously aggravated stalking is covered by s.32 of the Crime and Disorder Act 1998.

Legislation: Protection from Harassment Act 1997, s.2A (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: 6 months' imprisonment and/or a fine