Harassment, Stalking and Malicious Communication

Stalking and Harassment Lawyers

Stalking and harassment are offences when someone repeatedly behaves in a way that makes another individual feel scared, distressed or threatened.

There are different types of stalking and harassment and they are offences under the Protection from Harassment Act 1997. Many cases of stalking or harassment will come within the definition of “domestic abuse“.

Very often allegations of stalking and harassment arise in the context of the end of a relationship. Convictions for harassment offences can have a hugely detrimental effect on an individual’s character and future prospects. As well as the risk of a custodial sentence, a restraining order can be imposed on a defendant, whether they are convicted or acquitted. This would restrict their liberty. It is essential that advice is sought at an early stage where harassment is being alleged.

At Olliers Solicitors, we understand the profound impact that stalking and harassment can have on individuals. These offences are taken very seriously and our experienced team is here to provide expert legal support and representation.

What is stalking?

Stalking involves repeated and unwanted attention that causes the victim to feel scared, distressed, or threatened. This can include following someone, sending unwanted communications, or monitoring their activities.

Stalking is not strictly defined but section 2A (3) of the Protection from Harrassment Act 1997 lists a number of examples of behaviours associated with stalking. The list is not an exhaustive one but gives an indication of the types of behaviour that may be displayed in a stalking offence.

The listed behaviours are:

• following a person
• contacting, or attempting to contact, a person by any means
• publishing any statement or other material relating or purporting to relate to a person, or purporting to originate from a person
• monitoring the use by a person of the internet, email or any other form of electronic communication
• loitering in any place (whether public or private)
• interfering with any property in the possession of a person
• watching or spying on a person.

What is harassment?

Harassment involves pursuing a course of conduct which a person either knew or ought to have known amounted to harassment. There is also a more serious offence of harassment that causes a person to fear that violence will be used. Harassment offences can cover a wide range of activities including, in certain circumstances, text messages and telephone calls. Such offences can also be alleged to have taken place over a significant period of time.

“Course of conduct”

The concept of harassment is linked to the course of conduct:

• The course of conduct must comprise two or more occasions
• Harassment includes alarming a person or causing them distress
• The fewer the occasions and the wider they are spread, the less likely it is reasonable to make a finding of a course of conduct
• The court should adopt a cautious approach where a course of conduct is based upon a few incidents which are widely spaced in time. The issue for the court is whether the incidents, however many they may be, can properly be said to be so connected in type and in context as to justify the conclusion that they can amount to a course of conduct
• The court must consider whether the incidents give rise to a nexus sufficient for there to be a “course of conduct”
• There is no requirement that the incidents comprising the course of conduct need be of the same nature.

Stalking and harrassment offfences

Stalking and harassment are primarily governed by the Protection from Harassment Act 1997.

This Act outlines several key offences:

• Section 2: Harassment, which includes any repeated behavior that causes alarm or distress.
• Section 2A: Stalking, which involves a course of conduct that amounts to harassment and also includes acts associated with stalking.
• Section 4: Putting people in fear of violence through harassment.
• Section 4A: Stalking involving fear of violence or serious alarm or distress

The Olliers Pre-Charge Team: Early Intervention & Pre-Charge Representation

Being accused of a stalking or harrassment offence does not mean you will automatically be charged. At Olliers Solicitors, we intervene at the earliest possible stage, engaging with the police and Crown Prosecution Service (CPS) to challenge weak or inconsistent evidence. We make representations that the Charging Standard, as set out in the Code for Crown Prosecutors, is not met and ensure your account is properly considered before any decision is made. Many of our clients avoid prosecution altogether due to our pre-charge work.

When a client faces an allegation of stalking or harrassment we always aim to establish ‘pre-charge engagement’ with investigators. We make representations against charges, arguing that the ‘Charging Standard’ in the Code for Crown Prosecutors is not met. This involves demonstrating either that there is not a ‘realistic prospect of a conviction’ or that a prosecution is not in the ‘public interest’.

Many of our clients are professionals with no prior involvement with the criminal justice system, and for many, this is the first time they have ever been arrested. We have extensive experience representing doctors, medical professionals, other lawyers, teachers, FCA regulated professionals, and high net worth individuals. We understand the importance of seeking to avoid prosecution.

During the investigation stage, we liaise with the police in a sensitive manner. In many cases, there may be retraction statements. If an allegation is admitted, we explore the possibility of a caution. We also advise on Stalking Protection Orders.

We guide our clients on the possibility of out-of-court disposals and diversionary tools available.

Representing you in court

If the matter proceeds to court, we build a robust, strategic defence, challenging unreliable evidence and highlighting inconsistencies in the prosecution’s case. Where necessary, we present expert testimony to support your defence.

We will ensure that no stone is left unturned in the defence of our client

Sentencing stalking and harrassment offences

Stalking and harassment are serious offences with penalties reflecting the severity of the impact on victims. Under the Protection from Harassment Act 1997, the maximum sentence for the summary only harassment or stalking offences is six months’ custody, which can increase to two years if the offence is racially or religiously aggravated.

More severe cases, such as those involving fear of violence or serious alarm or distress, can result in up to ten years’ imprisonment, or fourteen years if aggravated.

Sentences are determined by assessing the culpability of the offender and the harm caused to the victim and by utilising the Sentencing Guidelines set by the Sentencing Council.

Stalking Protection Orders

Stalking Protection Orders (SPOs) are civil orders, separate to police investigations intorduced in 2019 meaning that the police could take no further action in relation to the criminal investigation, but still apply for (and possibly be granted) an SPO. SPOs are orders that the police can apply to the court for, which can either prohibit a defendant from doing certain things, or compel them to do certain actions. An SPO always requires the defendant to notify the police of their name and address within three days of the order being made, and notify the police of any change in these details within three days of the change. Police can apply to the Magistrates Court to request that they make the order. The idea behind SPOs is to protect victims of stalking, enabling early police intervention and address stalking behaviours before they escalate. Although often made at the pre-charge enagmenet stage, an SPO could still be made following a conviction or acquittal.

Why Choose Olliers?

Our senior lawyers are all leaders in their field. Olliers is ranked as a top tier law firm by both the authoritative guides to the professions, namely the Legal 500 2025 and Chambers Guide 2025. We are a Times Best Law Firm 2025. We are the Manchester Legal Awards 2024 Crime Team of the Year retaining the title from 2023, an award we have won seven times since 2011. We are known for our creative and dynamic attitude to problem solving offering a tailored approach to every case.

Olliers Solicitors – Specialist Criminal Defence Lawyers

At Olliers Solicitors, our dedicated team of expert criminal defence lawyers is committed to providing comprehensive legal support for those accused of stalking or harassment.

If you or someone you know is facing allegations of stalking or harassment it is crucial to seek legal advice as soon as possible. Contact Olliers Solicitors today for a confidential discussion by telephone on 0161 834 1515, email info@olliers.com or complete the form below to send us a message.