Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)

PART 2 S CRIMINAL LAW

Stalking S

39 Offence of stalking S

(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—

  (a)

  following B or any other person,

  (b)

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

  (c)

  publishing any statement or other material—

  (i)

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

  (ii)

  purporting to originate from B or from any other person,

  (d)

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

  (e)

  entering any premises,

  (f)

  loitering in any place (whether public or private),

  (g)

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

  (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,

  (i)

  watching or spying on B or any other person,

  (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).

Commencement Information

I1 S. 39 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.