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Harassment, stalking and communications offences.

Harassment and stalking under the Protection from Harassment Act 1997, controlling or coercive behaviour, and the threatening, false and malicious communications offences.

12 offences · points to prove, mode of trial and maximum sentence

Quick reference

OffenceLegislationMode of trialMaximum penalty
Breach of a non-molestation orderFamily Law Act 1996, s.42AEither way5 years' imprisonment (on indictment); 12 months' imprisonment and/or a fine (summary)
Encouraging or assisting serious self-harmOnline Safety Act 2023, s.184Either way5 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)
HarassmentProtection from Harassment Act 1997, s.2Summary only6 months' imprisonment and/or a fine
Harassment of a person in their homeCriminal Justice and Police Act 2001, s.42ASummary only6 months' imprisonment and/or a fine not exceeding level 4 (£2,500)
Improper use of a public electronic communications networkCommunications Act 2003, s.127Summary only6 months' imprisonment and/or an unlimited fine (level 5)
Malicious communicationsMalicious Communications Act 1988, s.1Either way2 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)
Putting people in fear of violenceProtection from Harassment Act 1997, s.4Either way10 years' imprisonment (on indictment); 12 months' imprisonment and/or a fine (summary)
Racially or religiously aggravated harassmentCrime and Disorder Act 1998, s.32Either way14 years' imprisonment and/or a fine for aggravated s.4 or s.4A, 2 years' imprisonment and/or a fine for aggravated s.2 or s.2A (on indictment); 12 months' imprisonment and/or a fine (summarily)
Sending a false communicationOnline Safety Act 2023, s.179Summary only6 months' imprisonment and/or a fine
Sending a threatening communicationOnline Safety Act 2023, s.181Either way5 years' imprisonment (on indictment); 12 months' imprisonment and/or a fine (summary)
StalkingProtection from Harassment Act 1997, s.2ASummary only6 months' imprisonment and/or a fine
Stalking involving fear of violence or serious alarm or distressProtection from Harassment Act 1997, s.4AEither way10 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)

Tap an offence for the numbered points to prove, key definitions, defences and case law.

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