Stalking

Copyright © 2025 LexisNexis

Published by a LexisNexis Family expert

Practice notes

Stalking

Copyright © 2025 LexisNexis

Published by a LexisNexis Family expert

Practice notes

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This Practice Note provides some guidance on the criminal offences of stalking and stalking involving fear of violence or serious alarm or distress under the Protection from harassment Act 1997 (PHA 1997). It is of use if advising a client affected by domestic abuse.

For information and guidance on civil remedies available under PHA 1997, see Practice Note: Applications under the Protection from Harassment Act 1997.

Stalking

There are two offences of stalking under PHA 1997, stalking, and stalking involving fear of violence or serious alarm or distress.

Under PHA 1997, s 2A a person is guilty of the offence of stalking if they pursue a course of conduct in breach of PHA 1997, s 1(1), and the course of conduct amounts to stalking.

A person's course of conduct amounts to stalking of another person if:

•
it amounts to harassment of that person
•
the acts or omissions involved are ones associated with stalking, and
•
the person whose course of conduct is in question knows or ought to know that the course of conduct amounts to harassment of the other

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Jurisdiction(s):

United Kingdom

Key definition:

Harassment definition

What does Harassment mean?

The concept whereby an employee suffers from the conduct of, or an act by, an employer or another person which is in the form of harassment.

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