Stalking is not defined within the legislation although examples would be:
- Following a person
- Contacting or attempting to contact a person by any means
- Publishing any statement or other material relating to that person or purporting to be from that person
- Monitoring a person’s use of the internet, email or other communication
- Loitering in any place
- Interfering with any property in possession of a person
- Watching or spying on a person
- Publishing or threats to publicise intimate photographs (“revenge porn”)
Stalking has been a criminal offence since November 2012 and the legislation is contained within the protection from Harassment Act 1997 (as amended).
In order to bring charges for stalking you need to show a course of conduct (a minimum of 2 examples) which amount to harassment (section 2) or stalking (section 2a) – the maximum prison sentence in relation to these offences is 6 months.
In addition to this if you can show a fear of violence (section 4) and in particular stalking “which causes serious alarm or distress which has a substantial adverse effect on the victims usual day to day activities” (section 4a) – there is a maximum prison sentence of 10 years.
Even if the defendant is not convicted it is possible for the criminal Court to make a protective Restraining Order to protect the victim.
Civil Remedies
There are various Civil Orders which can be obtained to protect victims whether or not the police have been involved depending on their relationship to the stalker. It may be possible to obtain a Non Molestation Order against the perpetrator.
If you have not been in a relationship with the stalker or are related to them then it is likely that a Protection from Harassment Act Order will be the appropriate civil Order.
It is possible to obtain a civil Order preventing further stalking and harassment potentially with an unlimited duration. The Order can also exclude a perpetrator from an area around your home or place of work for example . We can advise further in relation to this and assist in drafting the paperwork, attending Court and obtaining the relevant Order which will need to be served upon the perpetrator.