Stalking in the UK is a serious crime defined as repeated and unwanted behaviour that causes someone to feel scared, distressed, or threatened. It's more than just a single incident and involves a course of conduct that has a significant impact on the victim's life.

 

Legislation in the UK, primarily the Protection from Harassment Act 1997 (as amended by the Protection of Freedoms Act 2012), criminalises both harassment and stalking. Stalking is recognised as a specific form of harassment with more severe potential consequences.

 

Key aspects of stalking in the UK

• Course of Conduct: Stalking involves behaviour that occurs on more than one occasion.

• Unwanted Behaviour: The actions of the stalker are unwelcome and not consented to by the victim.

• Impact on the Victim: The behaviour causes the victim to feel scared, distressed, or threatened. This can also include causing serious alarm or distress that has a substantial adverse effect on their usual day-to-day activities.

• Fixated and Obsessive: Stalking often involves a stalker having a fixation or obsession with the victim.

 

Examples of Stalking Behaviours

The law provides examples of behaviours associated with stalking, which include but are not limited to:

• Following a person.

• Contacting or attempting to contact a person by any means (including phone, email, social media, letters).

• Publishing any statement or other material relating or purporting to relate to a person, or purporting to originate from a person.

• Monitoring a person's use of the internet, email or any other form of electronic communication (cyberstalking).

• Loitering in any place (whether public or private).

• Interfering with any property in the possession of a person.

• Watching or spying on a person.

• Going uninvited to their home.

• Hanging around somewhere they know the person often visits.

• Identity theft (signing up for services, buying things in someone's name).

• Damaging the reputation of the victim.

 

Legal Offences and Penalties

There are specific offences related to stalking under UK law:

• Stalking (Section 2A of the Protection from Harassment Act 1997): This carries a maximum sentence of six months' imprisonment and/or a fine on summary conviction. If the offence is racially or religiously aggravated, the maximum sentence is two years' imprisonment.

• Stalking involving fear of violence or serious alarm or distress (Section 4A of the Protection from Harassment Act 1997): This is a more serious offence and carries a maximum sentence of 10 years' imprisonment on indictment. If racially or religiously aggravated, the maximum sentence is 14 years' imprisonment.

 

The severity of the sentence depends on factors such as the level of harm caused to the victim, the culpability of the offender, and any aggravating or mitigating circumstances.

 

What to do if you are being stalked

• In an emergency, call 999.

• Report it to the police on 101 (non-emergency). Keep a record of all incidents, including dates, times, and details of what happened. Save any evidence such as messages, emails, and social media interactions.

• Tell trusted friends, family, and professionals (e.g., your doctor).

• Consider discussing it with your employer for safety measures at work.

• Keep copies of any letters or parcels.

• Make sure your social media accounts are private and limit the personal information you share online.

• Consider installing security measures at your home.

 

Legal Protections

Victims of stalking can also seek legal protection through:

• Restraining Orders: A court can issue a restraining order to prevent the stalker from contacting or approaching the victim. Breaching a restraining order is a criminal offence.

• Stalking Protection Orders (SPOs): Introduced in 2020, these civil orders can be applied for by the police to impose prohibitions and requirements on individuals who are believed to be carrying out stalking behaviour, even before a criminal conviction. Breaching an SPO is a criminal offence.

 

Stalking is a serious issue with potentially devastating consequences for victims. It's crucial to recognise the behaviours, report them to the authorities, and seek support.