PART 2CRIMINAL LAW

Stalking

I139Offence of stalking

1

A person (“A”) commits an offence, to be known as the offence of stalking, where A stalks another person (“B”).

2

For the purposes of subsection (1), A stalks B where—

a

A engages in a course of conduct,

b

subsection (3) or (4) applies, and

c

A's course of conduct causes B to suffer fear or alarm.

3

This subsection applies where A engages in the course of conduct with the intention of causing B to suffer fear or alarm.

4

This subsection applies where A knows, or ought in all the circumstances to have known, that engaging in the course of conduct would be likely to cause B to suffer fear or alarm.

5

It is a defence for a person charged with an offence under this section to show that the course of conduct—

a

was authorised by virtue of any enactment or rule of law,

b

was engaged in for the purpose of preventing or detecting crime, or

c

was, in the particular circumstances, reasonable.

6

In this section—

  • “conduct” means—

    1. a

      following B or any other person,

    2. b

      contacting, or attempting to contact, B or any other person by any means,

    3. c

      publishing any statement or other material—

      1. i

        relating or purporting to relate to B or to any other person,

      2. ii

        purporting to originate from B or from any other person,

    4. d

      monitoring the use by B or by any other person of the internet, email or any other form of electronic communication,

    5. e

      entering any premises,

    6. f

      loitering in any place (whether public or private),

    7. g

      interfering with any property in the possession of B or of any other person,

    8. h

      giving anything to B or to any other person or leaving anything where it may be found by, given to or brought to the attention of B or any other person,

    9. i

      watching or spying on B or any other person,

    10. j

      acting in any other way that a reasonable person would expect would cause B to suffer fear or alarm, and

  • “course of conduct” involves conduct on at least two occasions.

7

A person convicted of the offence of stalking is liable—

a

on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a fine, or to both,

b

on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.

8

Subsection (9) applies where, in the trial of a person (“the accused”) charged with the offence of stalking, the jury or, in summary proceedings, the court—

a

is not satisfied that the accused committed the offence, but

b

is satisfied that the accused committed an offence under section 38(1).

9

The jury or, as the case may be, the court may acquit the accused of the charge and, instead, find the accused guilty of an offence under section 38(1).