Part 7

Miscellaneous and general

Stalking

Offences in relation to stalking
111
1
After section 2 of the Protection from Harassment Act 1997 (offence of harassment) insert—

Offence of stalking
2A
1
A person is guilty of an offence if—
a
the person pursues a course of conduct in breach of section 1(1), and
b
the course of conduct amounts to stalking.
2
For the purposes of subsection (1)(b) (and section 4A(1)(a)) a person's course of conduct amounts to stalking of another person if—
a
it amounts to harassment of that person,
b
the acts or omissions involved are ones associated with stalking, and
c
the person whose course of conduct it is knows or ought to know that the course of conduct amounts to harassment of the other person.
3
The following are examples of acts or omissions which, in particular circumstances, are ones associated with stalking—
a
following a person,
b
contacting, or attempting to contact, a person by any means,
c
publishing any statement or other material—
i
relating or purporting to relate to a person, or
ii
purporting to originate from a person,
d
monitoring the use by a person of the internet, email or any other form of electronic communication,
e
loitering in any place (whether public or private),
f
interfering with any property in the possession of a person,
g
watching or spying on a person.
4
A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, or a fine not exceeding level 5 on the standard scale, or both.
5
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (4) to 51 weeks is to be read as a reference to six months.
6
This section is without prejudice to the generality of section 2.
2
After section 4 of that Act (putting people in fear of violence) insert—

Stalking involving fear of violence or serious alarm or distress
4A
1
A person (“A”) whose course of conduct—
a
amounts to stalking, and
b
either—
i
causes another (“B”) to fear, on at least two occasions, that violence will be used against B, or
ii
causes B serious alarm or distress which has a substantial adverse effect on B's usual day-to-day activities,
is guilty of an offence if A knows or ought to know that A's course of conduct will cause B so to fear on each of those occasions or (as the case may be) will cause such alarm or distress.
2
For the purposes of this section A ought to know that A's course of conduct will cause B to fear that violence will be used against B on any occasion if a reasonable person in possession of the same information would think the course of conduct would cause B so to fear on that occasion.
3
For the purposes of this section A ought to know that A's course of conduct will cause B serious alarm or distress which has a substantial adverse effect on B's usual day-to-day activities if a reasonable person in possession of the same information would think the course of conduct would cause B such alarm or distress.
4
It is a defence for A to show that—
a
A's course of conduct was pursued for the purpose of preventing or detecting crime,
b
A's course of conduct was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or
c
the pursuit of A's course of conduct was reasonable for the protection of A or another or for the protection of A's or another's property.
5
A person guilty of an offence under this section is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both, or
b
on summary conviction, to imprisonment for a term not exceeding twelve months, or a fine not exceeding the statutory maximum, or both.
6
In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, the reference in subsection (5)(b) to twelve months is to be read as a reference to six months.
7
If on the trial on indictment of a person charged with an offence under this section the jury find the person not guilty of the offence charged, they may find the person guilty of an offence under section 2 or 2A.
8
The Crown Court has the same powers and duties in relation to a person who is by virtue of subsection (7) convicted before it of an offence under section 2 or 2A as a magistrates' court would have on convicting the person of the offence.
9
This section is without prejudice to the generality of section 4.
S. 111 in force at 25.11.2012 by S.I. 2012/2075, art. 5(a)