Being accused of harassment or stalking can be deeply distressing, particularly where you believe your actions have been misunderstood, taken out of context, or unfairly characterised. Allegations of this nature can have immediate consequences for your career, reputation, and personal relationships.
Reeds Solicitors specialise in criminal defence and have represented hundreds of people accused of harassment and stalking. Our team includes solicitors recognised as Leading Individuals in the Legal 500 and Band 1 Chambers & Partners. We are frequently instructed at the earliest stages of harassment and stalking investigations, including pre-charge, and have an outstanding track record in achieving successful outcomes in complex and contested cases.
For immediate, confidential advice, contact us through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at [email protected]
What is Harassment and Stalking?
Harassment involves a course of conduct – meaning at least two incidents – that causes another person alarm or distress. The prosecution must show that you knew, or that a reasonable person would have known, that the behaviour would have that effect. The maximum sentence for the basic harassment offence is six months’ imprisonment.
Stalking is prosecuted where there is alleged behaviour typically associated with stalking such as fixated or obsessive contact, following someone, or monitoring them in some way.
The courts treat stalking seriously, and immediate custody is common. The maximum sentence for the basic stalking offence is also six months imprisonment.
Putting someone in fear of violence
There are more serious offences under sections 4 and 4A of the Protection from Harassment Act. These cover conduct which either causes a person to fear, on at least two occasions, that violence will be used against them, or causes serious alarm or distress with a substantial adverse effect on their day-to-day activities. The maximum sentence for these offences is ten years’ imprisonment.
Common scenarios and defences
We frequently defend individuals whose behaviour has been misinterpreted or did not warrant criminal prosecution. We have a strong track record both in securing not guilty verdicts and in persuading the police or CPS not to pursue a case in the first place.
Here are some examples of when harassment and stalking allegations can arise:
- Relationship issues: After a relationship ends, repeated attempts to talk, get closure or consider getting back together can be presented as harassment. There may also be factual disputes about what events happened.
- Misread dating situations: Early-stage dating can involve mixed signals; attempts to follow up or clarify intentions may be perceived as unwanted contact.
- Neighbour disputes: Noise, boundary issues or ongoing tensions often escalate, with one neighbour accusing the other of harassment.
- Money disputes: Where money is owed, persistent efforts to try to recover it can lead to an allegation
- Online interactions: Disagreements on social media or messaging platforms can quickly turn into a harassment allegation where there are multiple messages
These situations can often be a fine line. What one person interprets as harassment or stalking may, in reality, simply be an attempt to resolve a genuine issue. The case law makes it clear that behaviour must go beyond what is merely ‘unreasonable’ or ‘unattractive’ before criminal liability arises.
For immediate, confidential advice contact us through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at [email protected]
Defending Harassment and Stalking Allegations
Many allegations of harassment or stalking begin with an arrest, followed by release on police bail with conditions. It is natural to have questions about the process, what to expect, and the likely outcomes.
We provide a specialist pre-charge service, offering ongoing support and guidance throughout the police investigation. We can submit written representations to the investigating officer, setting out the defence position and identifying weaknesses in the allegation, with the aim of preventing charges from being brought.
Voluntary interviews
You may be contacted by the police and asked to attend a voluntary interview in relation to a harassment or stalking allegation. We can seek pre-interview disclosure in advance and advise on how best to approach the interview. The account put forward at this stage often plays a decisive role in whether an investigation results in charges.
There are a number of ways in which a harassment or stalking investigation may be resolved without having to attend court.
No Further Action or a Warning
Not every allegation requires prosecution, even where behaviour may have crossed a line. In some cases, the police may conclude that no further action is required. In others, a warning or words of advice may be all that is needed in the circumstances. We can engage with the police to explain the wider context of the allegation and to make representations as to why an out-of-court disposal, or no further action, is the right result.
In some cases, the available evidence may not support criminal liability at all and the investigation should be discontinued.
Caution or Community Resolution
If the allegation is accepted and is not considered sufficiently serious to justify prosecution, the police may resolve the matter by way of a caution or a lower-level disposal known as a community resolution. Both outcomes avoid court proceedings but can still carry significant consequences, including disclosure on an Enhanced DBS certificate. It is therefore important to obtain specific legal advice before accepting any such disposal.
If you have been charged and bailed to court, or have received a court summons, we can provide specialist representation.
We can obtain the prosecution papers in advance of the hearing and arrange a meeting, either remotely or in person, to assess the strength of the evidence, the level of seriousness alleged, and the likely outcome of the case. Proper preparation before attending court is essential, particularly to avoid rushed decisions on the day.
Most harassment and stalking cases are dealt with in the Magistrates’ Court. However, where an allegation involves causing fear of violence or serious alarm or distress, the case may be sent to the Crown Court, depending on the specific facts.
At Reeds we understand that neurodivergent individuals can be treated unfairly in harassment or stalking investigations. Social cues may be misread, communication can be interpreted differently, and may be taken out of context. For example, an autistic person may struggle to read social cues, and someone with bipolar disorder may send a high volume of messages during a manic phase. These misunderstandings can lead to allegations that do not reflect criminal intent.
We have considerable experience representing clients with:
- Autism
- ADHD
- Bipolar Disorder
- Post Traumatic Stress Disorder
- Severe Anxiety
- Severe Depression and Suicidal Ideation
We frequently instruct independent experts to comment on diagnosis and communication style, and this can be central in persuading the police or CPS not to prosecute. Our team also receives regular neurodiversity and mental health training
Experience in stalking and harassment cases
We are frequently instructed to represent people accused of harassment or stalking and have built significant experience in this specialist area of criminal law.
Understanding your account
We take time to understand your account of events and provide clear, realistic advice about the strength of the evidence and the options available to you at each stage.
Defence strategy and evidence
Where a matter is contested, we explore all viable defence angles and sources of evidence. Meticulous trial preparation is often decisive in securing not guilty verdicts.
Honest, direct advice
Anyone facing these allegations needs realistic guidance about risk and outcome, not false reassurance.
Mitigation and sentence management
Where the evidence is strong and the behaviour is accepted, we focus on limiting the impact of the case by carefully preparing mitigation and supporting material, with the aim of achieving the lowest possible sentence.
R v D – Accusation of Harassment Dropped
A young man of good character was accused of harassing his ex-girlfriend. Scott Primmer was instructed at the pre-charge stage and drafted representations which led to the case being dropped. The complainant’s mother pursued a Victims’ Right to Review, resulting in the client being charged with stalking. The case proceeded to a Crown Court trial, with Peter Du Feu and Dana Bilan instructed as counsel and Scott Primmer as litigator. We obtained text messages and call logs showing the complainant initiating contact, contradicting her account. The jury unanimously found the client not guilty. The defendant’s family later pursued civil action against the complainant.
R v R – Accusation of Stalking with Fear of Violence
A man of good character was accused of stalking, stalking with fear of violence and criminal damage in two separate but simultaneous investigations concerning two former partners and their families. It was alleged that he sent numerous anonymous letters to the families following the breakdown of the relationships and caused damage to their property. There was CCTV evidence in both investigations. Ayelen White, Barrister, was engaged to help with Pre-Charge representation. Several witness statements were taken and submitted to the police alongside representations arguing against a prosecution. Despite the similarities in the facts of the allegations with two families that were not known to each other and CCTV evidence, Mrs White was able to persuade the prosecution not to prosecute the case. Both cases were therefore concluded with no further action within three months of his arrest.
R V X – Harassment of Neighbour
Partner, Scott Primmer, was instructed to represent a transgender client of good character accused of harassing his neighbours, who happened to be Police Officers. The Police investigation was wholly one sided and the matter had been prosecuted. Reeds LLP were instructed to represent the client at trial. At trial we were able to present the unfairness of the investigation as well as demonstrate that the officers, were not harassed by her behaviour, which largely consisted as shouting outside his own property to no one in particular. CCTV footage was obtained and showed the Complainants laughing at her, not being harassed or distressed. The Magistrates found the defendant not guilty at trial. The Magistrates verdict stated they did not believe the officer’s evidence that they were distressed.
Frequently Asked Questions
Harassment is defined by section 1 of the Protection from Harassment Act 1997. It involves a course of conduct (at least two incidents) which amounts to harassment of another person, and which the person responsible knew, or ought to have known, amounted to harassment.
A criminal offence is committed under section 2 of the Act where that threshold is met.
The Act explains, at section 7(2), that references to harassing a person include alarming the person or causing them distress. These words describe the type of behaviour that may amount to harassment, rather than setting out separate elements that must be proved in every case.
Harassment is therefore a defined statutory threshold, not a label that applies to every unwanted or emotionally charged interaction. Whether conduct amounts to harassment depends on the nature of the behaviour, its context, and the course of conduct as a whole.
The Protection from Harassment Act 1997 is the primary legislation governing harassment offences in England and Wales. Understanding this law is crucial when you’re facing accusations.
Section 2 of the Protection from Harassment Act 1997 deals with the basic offence of harassment. To get a conviction, the prosecution must show that you acted in a way that you knew, or should have known, amounted to harassment on at least two occasions. This offence is usually handled in the magistrates’ court and can lead to a maximum sentence of six months in prison.
Section 4 of the Protection from Harassment Act 1997 covers the more serious offence of putting people in fear of violence. This requires proof that your course of conduct caused someone fear violence on at least two occasions. This can be heard in either the magistrates’ court or Crown Court with the maximum sentence being ten years in prison.
Stalking is a separate offence that the prosecution must prove in addition to harassment. It is usually charged where the alleged behaviour is associated with stalking, in the sense that it shows fixation or obsession with another person. This can include conduct such as:
- Following someone
- Turning up uninvited at their home or workplace
- Watching or spying on them
- Loitering in places they regularly visit
- Tracking them through technology
According to the Office for National Statistics (ONS), one in seven people has been subjected to stalking, with women being the primary complainants. A further one in ten people aged 16 years or over have experienced a form of harassment that made them feel upset, distressed, or threatened.
Yes, you can harass or stalk a person online or in person. The law draws no distinction between the two. Often in modern life a harassment or stalking charge will involve online or social media behaviour. This may include allegations of fake accounts, malicious messages or monitoring online.
It is important your defence team are aware and up to date with cybercrime and social media technology to effectively scrutinise the prosecution evidence and digital forensics.
It may be tempting to try and defend yourself, especially if you believe you have done nothing wrong. But a conviction for stalking and/or harassment can seriously impact your private and professional life and could even result in you being sent to prison.
Our Solicitors have extensive experience in criminal law and are recognised leaders in the field. They understand the defences available relating to charges of stalking and harassment, police and court processes and procedures, the type of evidence required and how to present it, and how to present your defence in a persuasive way. Having seen almost every type of harassment offences case, our team can also advise you on whether to plead guilty or not guilty, and in the case of the former, or if you are convicted, present the sentencing judge with mitigating factors to reduce your final sentence.
It is extremely difficult for a person with no legal experience to defend themselves with the same level of expertise and skill as a Criminal Defence Solicitor. Having someone who knows what to expect and how to prepare for a criminal trial on your side takes away a considerable amount of stress associated with being charged with stalking or harassment. At this time, you need support and information, and our Solicitors can provide you with both.
A Stalking Protection Order (SPO) is a civil order that can be applied for by the police. It can be imposed before any charge is brought, during criminal proceedings, or after a case has concluded, if the court considers it necessary to protect a person from the risk of stalking. A conviction is not required for an SPO to be made.
A Restraining Order is a criminal court order that can be imposed under section 5 of the Protection from Harassment Act 1997. It may be made on conviction or following an acquittal, if the court considers it necessary to protect the complainant.
Both orders can have a serious impact on your life and may prohibit specific behaviour, such as contacting a person or attending certain locations. Breaching a Restraining Order is a criminal offence, and breaching an SPO is also a criminal offence.
It is therefore important to obtain specialist legal advice as soon as an application for any such order is being considered.
Under Section 22 of the Police & Criminal Evidence Act 1984 (PACE), police can take your phone if they believe it might hold evidence for cases like harassment or stalking. However, if the police stop and search you on the street but don’t arrest you, they can’t take your phone.
It is possible to receive a prison sentence for harassment or stalking, but this depends on the type of offence charged, the seriousness of the alleged behaviour, and the circumstances of the case.
The most basic harassment and stalking offences carry a maximum sentence of six months’ imprisonment. More serious offences, such as harassment or stalking involving fear of violence, or stalking involving serious alarm or distress with a substantial impact on daily life, carry higher maximum sentences of up to ten years’ imprisonment.
In practice, a custodial sentence is more likely in cases involving persistent behaviour, breaches of court orders, or a clear risk to the complainant.
Quality legal representation can make a decisive difference by ensuring the full circumstances of the case are properly explained, including your personal background and any relevant supporting material. Your lawyer may also argue on your behalf that the case falls at the lower end of the sentencing guidelines.
What is a course of conduct?
A course of conduct means behaviour that takes place on at least two occasions. The incidents must have some connection to each other, rather than being completely unrelated events.
The closer together the incidents are in time, and the more clearly they relate to the same person or issue, the more likely they are to be treated as a course of conduct. Where alleged incidents are widely spaced apart, isolated, or lack any real link, it is less likely that a course of conduct will be established.
Yes, Pre Charge Engagement can be key in resolving the case at an early stage. There are a number of ways of seeking to resolve a harassment case without court. These vary from case to case and can include seeking to persuade the prosecution to take no further action, or recommend an out of court disposal. The key in this regard is to be proactive and engage with the case and the police. It is not often that ‘just waiting and seeing how the case develops’ is an effective strategy in harassment and stalking allegations and often that can often lead to an increased chance of being charged.
Our expert Solicitors have the expertise and experience required to advise and represent you. Contact us through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at [email protected]
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