Harassment Law in the UK: What Counts and Your Options

The Protection from Harassment Act 1997 says a person must not pursue a course of conduct which amounts to harassment of another and which they know or ought to know amounts to harassment. References to harassing a person include alarming the person or causing the person distress. A course of conduct must involve conduct on at least two occasions in relation to that person.

All three of these must apply.

• ✓Yes: The conduct happened on at least two occasions in relation to you
• ✓Yes: The conduct amounts to harassment, which includes alarming you or causing you distress
• ✓Yes: The person knows or ought to know it amounts to harassment: a reasonable person in possession of the same information would think it amounted to harassment

Conduct includes speech. The CPS says 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, and that there is no requirement that the incidents be of the same nature.

The offence of harassment does not apply to a course of conduct if the person who pursued it shows one of the following.

• ✗No: It was pursued for the purpose of preventing or detecting crime
• ✗No: It was pursued under any enactment or rule of law, or to comply with any condition or requirement imposed by any person under any enactment
• ✗No: In the particular circumstances, the pursuit of the course of conduct was reasonable

A person must also not pursue a course of conduct which involves harassment of two or more persons and by which they intend to persuade any person not to do something they are entitled or required to do, or to do something they are not under any obligation to do.

A person who pursues a course of conduct in breach of section 1 is guilty of an offence. These sections of the Act apply in England and Wales.

Under section 4, a person whose course of conduct causes another to fear, on at least two occasions, that violence will be used against them is guilty of an offence if they know or ought to know it will cause that fear.

Under section 4A, the offence applies where a course of conduct amounts to stalking and either causes another to fear, on at least two occasions, that violence will be used against them, or causes serious alarm or distress which has a substantial adverse effect on their usual day-to-day activities.

The CPS says harassment under section 2 and stalking under section 2A are summary-only offences, so an information must be laid within 6 months of the commission of the offence. The 6 months runs from the date of the last incident comprising the course of conduct.

Examples of acts or omissions which, in particular circumstances, are ones associated with stalking include the following.

• 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
• 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

A Stalking Protection Order is a civil order made on application to the magistrates' court by the police. The CPS is not involved in applying for them, and it is an offence to breach one without reasonable excuse.

Under statutory guidance published in April 2024, police officers no longer need to meet the high criminal standard of proof in order to apply for a stalking protection order, and evidence which meets the lower civil standard will likely be accepted by courts. If an order is breached, an individual faces prison time of up to 5 years.

Stalking is illegal and can include being followed or constantly harassed by another person, for example being sent unwanted emails. If you are being stalked, contact the police. Call 999 if you or someone else is in immediate danger, and contact your local police if it is not an emergency.

You can get advice from the National Stalking Helpline on 0808 802 0300. It is open Monday and Wednesday 9:30am to 8pm, and Tuesday, Thursday and Friday 9:30am to 4pm.

If the police do not proceed, the CPS says victims may be able to seek additional recourse through the civil court by applying for a non-molestation order or other injunctive relief under Part IV of the Family Law Act 1996. Non-molestation orders are made on application by the victim or a representative to the Family Court.

An actual or apprehended breach of section 1 may be the subject of a claim in civil proceedings by the person who is or may be the victim. Damages may be awarded for any anxiety caused by the harassment and any financial loss resulting from it.

Where the High Court or the county court grants an injunction to restrain harassment, and you consider the defendant has done anything the injunction prohibits, you may apply for the issue of a warrant for the arrest of the defendant.

Our Legal Aid guide explains who can get help with legal costs.

A restraining order may be sought upon conviction, under section 360 of the Sentencing Act 2020, or upon acquittal, under section 5A of the 1997 Act. Breach of an order is a criminal offence.

On acquittal, a court may make an order if it considers it necessary to do so to protect a person from harassment by the defendant. A person guilty of breaching an order made on acquittal is liable on conviction on indictment to imprisonment for a term not exceeding five years, or a fine, or both.

Under the Equality Act, a person harasses another if they engage in unwanted conduct related to a relevant protected characteristic, or of a sexual nature, which has the purpose or effect of violating the other person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Our guide to discrimination at work explains how a claim works.

In Scotland every individual has a right to be free from harassment. A person must not pursue a course of conduct which amounts to harassment of another and is intended to amount to harassment, or occurs in circumstances where it would appear to a reasonable person that it would amount to harassment. Harassment includes causing the person alarm or distress, and a course of conduct must involve conduct on at least two occasions.

An actual or apprehended breach may be the subject of a claim in civil proceedings, known as an action of harassment. The court may award damages, including for any anxiety caused and any financial loss, and may grant an interdict or a non-harassment order.

A non-harassment order is a court order telling someone to stop behaving in a certain way. It might include behaviour which may not be unlawful or abusive but is causing you alarm or distress. The behaviour must have happened more than once before you can apply, or once if it is domestic abuse, and breaking an order is a criminal offence.

Stalking is a criminal offence in Scotland where a person engages in a course of conduct, with the intention of causing fear or alarm or knowing or ought to have known it would be likely to, and it causes the other person to suffer fear or alarm. On conviction on indictment the maximum is imprisonment for 5 years or a fine or both.

Someone can be prosecuted if there are at least 2 instances of stalking behaviour which causes fear or alarm. You can report stalking to the police online. If you would prefer not to involve the police, you can apply to court for civil orders, like a non-harassment order, if there have been at least 2 instances of harassment. The National Stalking Helpline is on 0808 802 0300.

nidirect says stalking is a pattern of unwanted or repeated behaviour from an ex-partner, someone you know, or a stranger, that causes you to feel scared or distressed. If the behaviours are also fixated, obsessive, unwanted and repeated, you could be a victim of stalking.

If you are being stalked, nidirect says you should do the following.

• Report it to the police, and call 999 if you are in immediate danger
• Do not confront or engage with your stalker
• Do not respond to calls, texts or emails
• Keep records or a diary
• Keep letters, emails and parcels as evidence
• Keep any stored messages or texts
• Contact your telephone company to see if they can take action against unwanted calls

The police can apply to the magistrates court for a Stalking Protection Order if it seems a person has carried out acts linked with stalking or poses a risk linked with stalking. An order made by a court lasts between two and five years, and breaking one could mean up to five years imprisonment or a fine or both.