There are several types of harassment offences in England and Wales, and the criminal justice system  takes them very seriously. If the intention behind the offending behaviour was to cause fear or serious alarm, or there was a substantial adverse effect on the victim, the maximum sentence can be up to ten years' imprisonment, and there may be other penalties in the form of fines and restraining orders. Even milder offences can result in a custodial sentence, even if there was no intent to cause serious distress in your particular circumstances.

As such, it is vital to work with an experienced defence solicitor if you are accused of harassment. A solicitor can help you to mount a defence, or present mitigating factors to the court during sentencing that can help you to avoid the maximum penalty. The sentencing guidelines for harassment, stalking and related criminal offences offer several examples of mitigating and aggravating features that can affect your sentence, and a solicitor can help you to interpret any that are relevant to your case.

Here, the expert harassment defence solicitors at JMW explain the different types of harassment offences, the sentencing guidelines that apply to each one, and the aggravating or mitigating factors that affect the sentences handed to those who are convicted.

What Are the Different Types of Harassment Offences?

Most harassment offences are governed by the Protection from Harassment Act 1997, as amended by later legislation including the Serious Organised Crime and Police Act 2005. These laws create a range of offences covering unwanted conduct that causes distress, alarm or fear. Offences may also be prosecuted under the Domestic Abuse Act 2021, or include related charges under the Malicious Communications Act 1988 or Online Safety Act 2023 if harassment took place via online messages or social media platforms.

Harassment

The base offence of harassment is defined under Section 2 of the Protection from Harassment Act 1997, and is committed when a person pursues a course of conduct (on two or more occasions) that they know, or ought to know, amounts to harassment. This can include behaviour such as repeated unwanted contact, following someone or sending messages that cause distress. Harassment is a summary offence, and charges under this legislation will be heard in the Magistrates' Court.

Stalking involving fear of violence (or without fear of violence)

Stalking is a specific form of harassment involving repeated unwanted contact, monitoring, following or interfering with someone’s day-to-day life. It can take both physical and online forms. Stalking involving fear of violence or serious alarm or distress is typically treated more seriously and may be heard in the Crown Court, while stalking without these aggravating features may be heard in the Magistrates Court. The underlying offence of stalking is the same in either case, but penalties may be much more significant in the Crown Court.

Putting people in fear of violence

A more serious offence occurs when the course of conduct (meaning that it took place on at least two occasions) causes the victim to fear that violence will be used against them. This does not necessarily mean that the alleged offender used threats of violence against the victim. Putting people in fear of violence only requires that the perpetrator should have known that their course of conduct would cause the other to fear violence to result in a conviction. This offence can be tried in Magistrates’ Court or Crown Court.

Breach of a restraining order

If a court imposes a restraining order following a conviction for harassment, or in any other circumstances, it is a separate criminal offence to breach the order.

Controlling or coercive behaviour

Under the Domestic Abuse Act 2021, a person may be guilty of controlling or coercive behaviour if they repeatedly or continuously (on more than two occasions) engage in behaviour towards another person that has the serious effect of causing fear of violence, serious distress or alarm, and that the perpetrator knows or ought to know will have that effect. The course of conduct may involve repeated unwanted contact, surveillance, controlling behaviour or threats following the breakdown of a relationship.

This is a separate offence from harassment that only applies if, at the time of the behaviour, the offender and victim were personally connected. For example, they may have been in an intimate personal relationship, either at the time or previously, or be living together as members of the same family.

What Are the Sentencing Guidelines for Harassment Offences?

The Sentencing Council issues guidelines for courts to follow when determining sentences for harassment offences. The process of determining a fair sentence involves assessing the culpability of the offender (meaning how responsible they are for their actions) and the harm they caused (determined by the impact on the victim). A range of aggravating and mitigating factors can affect how these aspects are determined, and it is important to work with a solicitor during sentencing to make sure the sentencing guidelines are applied correctly, and that any penalties are not excessive.

Sentencing guidelines for the offences above recommend the following penalties:

Harassment

• Sentences for harassment vary from a fine or community order for less serious cases to custodial sentences for persistent or serious harassment. The maximum sentence is six months’ imprisonment and/or an unlimited fine.

Stalking

• Stalking with fear of violence or serious alarm and distress carries a maximum sentence of up to 10 years’ imprisonment and will be heard in the Crown Court. Stalking without fear of violence may result in a penalty of up to 6 months’ imprisonment and be heard in the Magistrates’ Court. The presence of aggravating factors such as the use of technology to monitor the victim or a prolonged campaign of harassment can significantly increase the sentence. If the alleged offender targeted vulnerable individuals, this may also increase their culpability and the harm caused by their actions.

Putting people in fear of violence

• This offence carries a maximum sentence of up to ten years’ imprisonment in the Crown Court and/or an unlimited fine upon conviction. Serious cases, involving threats with weapons or a sustained campaign, are likely to lead to substantial custodial sentences.

Breach of a restraining order

• Breaching a restraining order can lead to up to five years’ imprisonment in the Crown Court, and the court will consider the original offence, the seriousness of the breach and any harm caused, when evaluating the sentence.

Controlling or coercive behaviour

• The maximum sentence for controlling or coercive behaviour is five years’ imprisonment, an unlimited fine or both if your case is tried in the Crown Court. The Sentencing Council’s domestic abuse guidelines apply, which treat abuse in an intimate or family setting as especially serious. If children were present or the perpetrator exercised a sustained period of control, this can increase sentencing.

If you are convicted, the court may also consider a restraining order or other ancillary order. This may specify that you must avoid contact with any alleged victims or restrict your movements.

What Are Aggravating Factors?

Aggravating and mitigating factors help the court decide where within the sentencing range a particular case should fall, once the offence type and level of seriousness have been established. Aggravating factors increase the seriousness of the offence and may justify a higher sentence being issued within the guideline range. They reflect elements that make the offending more harmful, persistent or blameworthy.

For harassment offences, examples include:

• Persistent or repeated behaviour beyond what is required to prove the offence.
• Targeting vulnerable victims or exploiting their circumstances.
• Abuse of trust or position (for example, by a professional, employer or carer).
• Committing the offence in the victim’s home or workplace, increasing intrusion and distress.
• Previous similar convictions showing a pattern of behaviour.
• Use of threats, violence or weapons to intimidate.

When aggravating factors are present, the court moves the sentence toward the upper end of the range, or even to a higher category, if justified. However, your solicitor can also present mitigating factors to reduce a sentence, either by illustrating that there was no intention to cause harm or showing that you had reduced culpability for your actions.