An allegation of stalking or harassment can develop from circumstances that have built up over weeks, months or even years. A relationship may have ended badly, communication may have continued following a dispute, or behaviour online may be interpreted very differently by the people involved. If you have been accused, obtaining advice before responding to the allegation is important. Trying to resolve the situation yourself by contacting the person who has made it could make matters more difficult.
Our stalking and harassment solicitors in Manchester provide specialist criminal defence advice to people under investigation or facing prosecution. Whether you have been contacted by Greater Manchester Police, invited to a voluntary interview or arrested, we can advise you from the outset, represent you during an interview under caution and defend you in the Magistrates’ Court or Crown Court.
Our Manchester team is headed by Beth Mantel, recognised as a Next Generation Partner by The Legal 500, and includes Damian Wall, ranked in Band 1 by Chambers & Partners. The Legal 500 and Chambers & Partners are leading independent legal directories, whose recognition reflects the quality of our Manchester team.
0161 393 4158 | [email protected]
Common Allegations and Defences
We frequently defend people whose behaviour has been misinterpreted or whose circumstances provide grounds to challenge whether a criminal prosecution is justified. We have a strong track record of securing not guilty verdicts and persuading the police or CPS not to pursue cases in the first place.
Examples include:
- Relationship breakdowns: Attempts to discuss what happened, reconcile or resolve practical matters can lead to allegations of unwanted contact. There may be disputes about whether communication continued in both directions and when further contact was first said to be unwanted.
- Dating and mixed signals: The history may include mutual messages, telephone calls or meetings that are missing from the account given to the police. Establishing the sequence of events can help explain later communication.
- Neighbour disputes: Disagreements over noise, boundaries or shared access can escalate into allegations of harassment. Messages, CCTV and independent witnesses may help establish what happened.
- Money disputes: Repeated requests for repayment can result in an allegation. The nature, frequency and content of those requests, together with the wider circumstances, need to be considered.
- Online interactions: Allegations may rely on selected messages or screenshots. The complete conversation, including communication through other platforms or offline, may provide important additional context.
A genuine reason for making contact does not automatically provide a defence, and continuing to contact someone after being asked to stop can create further difficulties. Equally, repeated contact does not, by itself, establish that a criminal offence has been committed. Our role is to examine the evidence and the wider history, identify any defence and explain how the allegation can be challenged.
Why Choose Reeds Solicitors in Manchester?
Our Manchester team brings extensive experience of defending complex and sensitive criminal allegations. We specialise in proactive pre-charge representation, considering from the outset whether steps we take can help prevent a prosecution. This may involve gathering defence evidence and submitting representations to Greater Manchester Police or the CPS, explaining why the evidence or the public interest does not justify bringing charges.
In other cases, we may seek an out-of-court disposal, such as a caution or community resolution, where this offers the best achievable outcome for the client. We can also commission expert reports to explain relevant personal circumstances and support representations or mitigation.
If your case reaches court, we obtain the available prosecution papers as early as possible so that we can discuss the evidence with you and prepare ahead of the hearing. We offer representation through our experienced in-house barristers, providing continuity and direct contact, or can instruct specialist barristers from leading chambers according to the needs of your case.
We take client care seriously and aim to provide a responsive service, with clear advice, regular updates and time to discuss your concerns. We understand that stalking and harassment allegations can involve highly personal matters. You can speak openly and confidentially with your solicitor, knowing that understanding your account is central to preparing your defence.
Get in Touch with Our Manchester Team
If you have been contacted by the police, invited to an interview or charged with stalking or harassment, contact our Manchester team for confidential advice. We will discuss your circumstances, explain how we can help and set out the next steps and costs clearly.
The earlier you instruct us, the sooner we can assess the allegation, identify possible defences and consider opportunities to resolve your case before it reaches court.
Reeds Solicitors – Manchester
No 49 Piccadilly
Manchester
M1 2AP
Call: 0161 393 4158
Email: [email protected]
Alternatively, complete our contact form to request a call from our Manchester team.
Stalking and Harassment Law
Harassment is principally dealt with under the Protection from Harassment Act 1997. Broadly, the Act prohibits a person from pursuing a course of conduct which amounts to harassment of another where they know, or ought to know, that their behaviour amounts to harassment.
A course of conduct normally requires behaviour on at least two occasions. However, two messages, telephone calls or encounters do not automatically mean that a criminal offence has been committed.
The circumstances surrounding the behaviour matter. The nature of the contact, its frequency and whether a reasonable person with the same information would consider that it amounted to harassment can all be relevant.
Harassment can include behaviour causing alarm or distress, but not every argument, disagreement or unwanted communication will necessarily meet the criminal threshold under the Harassment Act 1997.
Stalking is also dealt with under the Protection from Harassment Act. Examples of stalking behaviours identified in the legislation include following somebody, contacting or attempting to contact them, publishing material relating to them, monitoring their use of the internet or electronic communications, loitering in a place, interfering with property and watching or spying on somebody.
An allegation can therefore involve physical behaviour, online activity or a combination of the two. More serious stalking offences can arise where the alleged conduct causes somebody to fear violence or causes serious alarm or distress which has a substantial adverse effect on their usual day-to-day activities.
Where an allegation involves fear of violence, our solicitors can explain the particular offence being investigated and examine whether the evidence establishes the necessary elements of that offence.
The evidence in these cases often extends beyond the account given by the person making the allegation.
Police may examine text and WhatsApp messages, emails, telephone records, social media accounts, CCTV, doorbell footage, location data and witness statements.
It is important not to delete communications simply because you are concerned that they could be misunderstood. The complete conversation can sometimes provide important context which is missing from individual screenshots.
A defence solicitor may want to establish a detailed chronology. This could include when communication began, whether it was initially mutual, when concerns were raised, whether somebody asked for contact to stop and what happened afterwards.
The question is not simply whether contact occurred. The nature, context and chronology of that contact may all be important when determining whether it amounted to harassment.
You may first become aware of an allegation when the police contact you and invite you to attend a voluntary interview. Alternatively, you may be arrested and interviewed at a police station.
A voluntary interview is still an interview under caution. What you say can be relied upon as evidence, so being told that you are not under arrest should not be taken to mean that the allegation is insignificant.
Our solicitors can obtain available information from the police before interview, discuss the allegation with you and advise you about your response.
Following interview, the police may continue gathering evidence before deciding whether further action should be taken. In some cases, the matter may be referred to the Crown Prosecution Service for a charging decision.
Where appropriate, we can consider whether evidence or representations should be provided before a decision to charge is made.
Some stalking and harassment allegations are considerably more serious than others.
Where stalking is alleged to have caused fear of violence or serious alarm or distress, the potential consequences can be significant. Cases may also involve associated allegations of domestic abuse, threats, criminal damage or other offences.
If you are charged, we will examine the prosecution evidence and advise you on your plea, any available defence and what to expect from the court process.
Depending on the circumstances, a defence may concern whether the alleged events occurred, whether they formed a course of conduct, whether the behaviour legally amounted to harassment or whether you knew or ought to have known that it did.
There can also be circumstances where repeated contact has a legitimate explanation. Whether this assists your defence will depend on exactly what happened and the evidence available.
Frequently Asked Questions
They can be, but repeated messages do not automatically amount to harassment. Their content, frequency, circumstances and the wider history between the people involved may all be relevant.
The question is whether there was a course of conduct amounting to harassment and whether the person responsible knew, or ought to have known, that it did.
Yes. Harassment allegations can arise following the breakdown of a relationship, particularly where communication continues after one person says that they no longer want contact.
There may still be legitimate reasons why some communication is required, for example about children or property. You should obtain advice about how necessary communication should be handled rather than assuming that it is safe to continue contacting the other person.
Avoid repeatedly contacting them to challenge the allegation, explain your actions or persuade them to withdraw it.
Preserve your messages, call records and other relevant evidence and seek legal advice. If bail conditions or another restriction prevents contact, make sure you understand and comply with it.
Potentially. Stalking behaviours can include contacting somebody electronically, monitoring their use of electronic communications or publishing material relating to them.
Whether particular online activity amounts to stalking will depend on the wider course of conduct and the circumstances of the case.
A mental health condition does not automatically provide a defence to stalking or harassment.
However, mental health may be relevant to aspects of an investigation or prosecution, including a person’s circumstances and their ability to participate effectively in a police interview or court proceedings. You should tell your solicitor about any relevant diagnosis, treatment or professional support you receive.
Yes. The Protection from Harassment Act 1997 also provides civil remedies, meaning stalking or harassment can potentially result in civil proceedings as well as a criminal investigation.
Depending on the circumstances, a person may seek an injunction and damages, including damages for anxiety and financial loss resulting from harassment.
No. Being accused of harassment does not automatically mean that you will be charged.
The police will investigate the circumstances and, where appropriate, the Crown Prosecution Service will consider whether the requirements for prosecution are met. Depending on the evidence, your solicitor may also consider whether representations should be made before a charging decision.
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