The laws about harassment are often misunderstood, and focus heavily on the intent of the alleged offender. The difference between criminal harassment and actions that are merely annoying can come down to the intent of the person behind the offending behaviour and the effect on the victim. Harassment legislation covers a wide range of behaviours from repeated, unwanted messages to stalking and coercive control.

Specific harassment offences exist under the Protection from Harassment Act 1997 and the Serious Crime Act 2015, and penalties range from fines to lengthy prison sentences. If you are charged with a harassment offence, it is vital that all the circumstances of intent and effect are interpreted, as it may be possible to build a strong defence on this basis.

Here, the expert criminal harassment defence solicitors at JMW explain when harassment is a crime in England and Wales, discuss the key harassment offences, outline the potential penalties that you could face and present some of the mitigating factors you can use as part of a defence.

What Is Harassment?

Under the Protection from Harassment Act 1997, harassment involves someone pursuing a course of conduct, usually meaning behaviour carried out on at least two occasions, which causes another person alarm, distress or fear and which they know, or ought to know, amounts to harassment. The test of whether the defendant ought to know or have known that their course of conduct amounted to harassment is based on what a reasonable person would think in the same position. The law is deliberately broad and can apply to behaviour in person, online or through indirect contact.

Harassment of this type is a criminal offence, and can take many forms, including persistent unwanted communication, following someone or targeting them with abusive messages. The law is deliberately broad to cover both physical and online behaviour, and a defendant may be charged with related offences under the Malicious Communications Act 1988 or the Online Safety Act 2023.

If you are found guilty of this type of harassment, the maximum sentence can be up to six months’ imprisonment and/or a fine if your case is tried in the Magistrates’ Court, or up to a two-year custodial sentence in the Crown Court.

While harassment under this legislation usually requires a course of conduct - meaning actions that happened on two or more occasions - this is not necessary for harassment offences based on a protected characteristic under the Equality Act 2010, such as sexual harassment.

The Equality Act 2010 defines harassment as unwanted conduct related to a protected characteristic (such as age, disability, gender reassignment, race, religion or belief, sex or sexual orientation) that has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. However, this is primarily a civil law concept and usually arises in employment, education and service provision contexts. Claims are brought in civil proceedings such as employment tribunals or civil courts, rather than through the criminal courts. As such, this type of harassment is not a crime, although defendants may be ordered to pay compensation or face other penalties if they are found guilty.

If this conduct occurs on at least two occasions it may constitute criminal harassment and if it targets one or more protected characteristics, it may be considered a racially or religiously aggravated offence or be treated as a hate crime. Sentencing guidelines recommend much harsher penalties for these types of offending behaviour due to the presence of aggravating factors.

Beyond harassment, there are several related offences that are governed by the same legislation.

Harassment putting people in fear of violence

A more serious offence applies where a course of conduct causes another person to fear that violence will be used against them on at least two occasions. The fear must be reasonable, which usually means that specific threats of physical harm have been made. This is a more specific type of offence that comes with stricter penalties than basic harassment. Putting people in fear of violence can come with a maximum sentence of 10 years’ imprisonment on conviction in the Crown Court, or up to 12 months in the Magistrates Court.

Stalking offences

In 2012, stalking was introduced as a separate category of harassment. The law distinguishes between two levels:

• Stalking covers behaviours such as following, contacting or monitoring someone. The maximum sentence is up to 6 months' imprisonment for offences tried in the Magistrates’ Court or up to two years for offences tried in the Crown Court.
• Stalking involving fear of violence or serious alarm or distress can be applied where the stalking causes serious alarm or distress that has a substantial effect on the victim’s day-to-day activities. Stalking involving fear of violence can result in a maximum sentence of up to 10 years' imprisonment in the Crown Court.

There can be ambiguities about whether fear of violence was present in a particular case, and your solicitor should examine and challenge the prosecution's evidence to present the strongest possible defence.

Controlling or coercive behaviour

The Serious Crime Act 2015 created the offence of controlling or coercive behaviour in an intimate or family relationship. This targets sustained patterns of abuse that may not involve physical violence, such as emotional, financial or psychological control, against a romantic partner or family member. It must also involve a course of conduct rather than a single incident.

What Are the Penalties for Harassment?

Many types of harassment can result in a prison sentence, a fine, or both. There are several types of aggravating factor that can lead to a stricter sentence, stalking or harassment that has continued over a long period, or an escalation of behaviour. Targeting of victims who are vulnerable because of age, disability, illness, or circumstances will usually lead to a stronger sentence. The same applies where technology is used, or where  threats of violence are involved.

Other forms of penalties that might be applied in cases of stalking behaviour include stalking protection orders, a type of civil order introduced by the Stalking Protection Act 2019 to provide early intervention and protection for victims of stalking. It is designed to be preventative, allowing courts to impose restrictions on a suspected stalker even if they have not yet been convicted of a criminal offence.

Courts can also impose restraining orders or injunctions to prevent further harassment. Breaching a restraining order is a separate criminal offence that can come with up to five years’ imprisonment and/or a fine if you are convicted.

As well as criminal sanctions, victims can pursue civil claims under the Protection from Harassment Act 1997. They may apply for injunctions to force the alleged offender to avoid contact or seek damages for anxiety and financial loss. Breaching an injunction can then give rise to criminal liability.