Being accused of stalking or harassment can have consequences before a case ever reaches court. You may have been contacted by the MET police, invited to a voluntary interview or arrested following an allegation made by a former partner, colleague, neighbour or somebody you have communicated with online. Early legal advice can help you understand the allegation, respond to it and protect your position.
Our stalking and harassment solicitors in London are based on Farringdon Street in the City of London and represent clients across Greater London. We are frequently instructed before charges are brought, advising clients before police interviews, examining the evidence and making representations to the police or Crown Prosecution Service seeking to prevent charges. Where a case proceeds to court, we provide specialist representation through to trial in the Magistrates’ Court or Crown Court.
Reeds has represented hundreds of people accused of harassment and stalking, including complex and contested cases involving extensive messages, social media activity and disputed accounts of a relationship. We understand how the history between those involved and the wider context of the communication can affect the defence. Our criminal defence team holds the highest rankings in both the Legal 500 and Chambers & Partners directories.
0203 781 8400 | [email protected]
How we Approach Stalking and Harassment Allegations
One of the first things we will want to understand is the complete history behind the allegation.
Where an allegation follows the end of a relationship, for example, selected screenshots may show repeated messages from one person. The complete conversation or messages from other platforms may provide additional context, including whether communication was continuing in both directions. A misleading impression may have been given if conversations in person or over the telephone are not reflected in the messages, although what was said may be disputed.
Mutual communication does not automatically provide a defence. However, establishing the chronology can be important when considering whether the alleged behaviour amounted to harassment.
As part of gathering evidence, we may also look at what happened after contact was said to be unwanted, whether there was a legitimate reason for some communication and whether messages, call records, CCTV or witness evidence support either person’s account.
In some cases at the lower end of the scale, particularly where there are mitigating circumstances, the best outcome may be to avoid court by resolving the matter through a community resolution or caution. We will carefully assess the strength of the evidence, the likelihood of charges and your individual circumstances before advising whether pursuing an out-of-court resolution is in your best interests.
Speak to Our London Team
If you are under investigation or have been charged with stalking or harassment, obtaining advice early can help you understand the allegation and avoid taking steps that make your position more difficult.
Our London team can advise you from the initial police investigation through to court proceedings.
Reeds Solicitors – City of London
3rd Floor
20 Farringdon Street
London
EC4A 4AB
Call 0203 781 8400 or email [email protected] or send a confidential enquiry online.
Stalking and Harassment: Legal Advice and Representation
Harassment is principally dealt with under the Protection from Harassment Act 1997.
The basic offence involves pursuing a course of conduct which amounts to harassment of another person where the person responsible knew, or ought to have known, that their behaviour amounted to harassment.
A course of conduct generally requires behaviour on at least two occasions. However, two messages, telephone calls or encounters do not automatically constitute a criminal offence.
Harassment involves behaviour capable of causing alarm or distress, but whether the criminal threshold has been reached will depend on the nature and context of the conduct.
Stalking is also dealt with under the Protection from Harassment Act and involves a course of conduct amounting to harassment together with behaviour associated with stalking.
This can include following somebody, repeatedly contacting or attempting to contact them, monitoring their internet or electronic communications, watching or spying on them, loitering somewhere they regularly visit or interfering with their property.
More serious offences apply where stalking causes fear of violence or serious alarm or distress which has a substantial adverse effect on someone’s usual day-to-day activities.
Digital evidence can be particularly important in a stalking or harassment investigation. Evidence may include WhatsApp and text conversations, emails, telephone records, social media activity, CCTV or doorbell footage, location evidence and witness accounts.
If you are under investigation, avoid deleting messages because you are concerned about how they might appear. A screenshot of an individual message may look very different when considered as part of the complete conversation.
Our stalking and harassment solicitors can review the available evidence and identify material that supports your account or provides relevant context to the allegation.
If the police ask you to attend a voluntary interview, you should obtain legal advice before attending. A voluntary interview is still conducted under caution and what you say can become evidence.
It can be tempting to attend alone because you believe that explaining what happened will resolve the situation. However, harassment investigations often concern a series of communications or incidents rather than one isolated event.
Before interview, we can seek information about the allegation from the police, discuss the evidence with you and advise you on how to approach questioning.
Not every investigation results in a charge. Where appropriate, we can also consider making pre-charge representations to the investigating officer or Crown Prosecution Service, including drawing attention to relevant evidence or issues with the allegation.
If you are charged with stalking or an offence under the Harassment Act 1997, our London criminal defence team can represent you throughout the proceedings.
The issues in dispute will depend on the case. They may include whether there was a course of conduct, whether the behaviour amounted to harassment, whether you knew or ought to have known that it did, or whether there was a legitimate explanation for the contact.
More serious stalking allegations can result in Crown Court proceedings. We can examine the prosecution evidence, advise on the strength of the case and prepare your defence.
Frequently Asked Questions
Yes. Repeated text messages can potentially form part of a harassment allegation. However, sending more than one message does not automatically mean that harassment has been committed. The content, frequency, circumstances and wider history of the communication may all be relevant.
There is no set number of messages that automatically becomes harassment. The law generally requires a course of conduct involving at least two occasions, but the court considers the nature and context of the behaviour rather than simply counting messages.
Potentially. Mutual communication does not automatically prevent conduct from subsequently becoming harassment. However, the complete conversation may provide important context. In particular, it can be relevant to establish when communication stopped being mutual and whether contact continued after somebody clearly asked for it to stop.
You should avoid making further contact. Attempting to explain your behaviour, apologise or persuade someone to withdraw an allegation could result in further communications becoming part of the evidence.
If there is a practical reason why communication is still necessary, obtain legal advice about how it should be handled.
Yes. Messages, posts and other social media activity can potentially be used as evidence in a stalking or harassment investigation.
Where possible, preserve the complete communications rather than deleting individual messages or accounts. The wider conversation and chronology may be important.
Potentially. Not every police investigation results in a charge.
Depending on the circumstances and evidence, a solicitor may be able to provide relevant material or make representations to the police or Crown Prosecution Service before a charging decision is made. There is no guarantee that representations will prevent a prosecution.
The next steps will depend on the particular offence and seriousness of the allegation. You may be required to attend the Magistrates’ Court, while more serious stalking allegations can proceed to the Crown Court.
Your solicitor can advise you on the prosecution evidence, any defence available and what to expect from the court process.
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