Protection From Stalking Act

Engage in a course* of behavior which causes another person to suffer fear, alarm, or substantial distress*

• behavior needs to occur on two or more occasions

• substantial distress = distress that has a substantial adverse effect on daily activities

• OR a reasonable person would consider action to cause fear, alarm, or substantial distress

While not exhaustive, course of behavior examples:

• Following victim

• contacting/attempting to contact victim

• Publishing any statement or other material relating to victim

• Falsely publishing any statement or other material under victims name

• Monitoring victim via internet, email, or other electronic communication

• Entering any premises 

• Loitering in any place (public or private)

• Interfering with victim’s property 

• Giving anything to victim by leaving anything where it could be found, given, or brought to the attention of victim

• Watching or spying on victim

• Acting in any other way that a reasonable person would expect victim to suffer fear, alarm, or substantial distress

• Time served: maximum penalty is 12 months imprisonment in magistrates court and 10 years imprisonment in in crown court

• Fines: maximum fine is £5,000 in magistrates court and an unlimited fine in crown court 

Stalking Protection Orders last a minimum of 2 years and…

• Prohibits: (for example)

  • Entering certain locations or defined areas where the victim resides or frequently visits 

  • Contact the victim by any means (telephone, post, email, SMS text, social media, etc.) 

  • Physically approaching the victim within a specified distance 

• Requires (for example)

  • Attend a perpetrator intervention programme

  • Attend a mental health assessment 

• Individuals protected by protection order do not need to be victim of acts associated with stalking (ex: family members, friends, co-workers)

• Call 101 for non emergency or 999 for emergencies to report offences

  • The police will then apply on your behalf — you cannot apply personally

• Breaking a Protection Order is a Criminal Offence

  • Maximum sentence of five years imprisonment