Harassment without violence is a criminal offence in England and Wales, and a conviction can have long-term effects on your life. Although these offences do not involve physical harm, the courts treat behaviour that causes distress, alarm or fear seriously. Sentences can include custody, fines and restraining orders.

If you have been accused or charged with harassment without violence, you should seek advice from a criminal defence solicitor. The team at JMW can review the allegations, help you prepare your response and present any relevant mitigating factors to reduce the penalty you face.

In this guide, the harassment without violence defence solicitors at JMW explain how sentencing guidelines work, the penalties that may apply and the issues the court will consider when deciding your case.

What Is Harassment Without Violence?

Harassment without violence is defined under section 2 of the Protection from Harassment Act 1997. A person commits this offence if they pursue a course of conduct (on at least two occasions) that they know, or should know, amounts to harassment. Unlike the more serious offence under section 4, this charge does not require the victim to fear violence.

Examples of behaviour that can lead to charges include:

• Sending repeated messages, including social media messages or emails.
• Following someone or turning up uninvited at their home or workplace.
• Giving unwanted gifts that are intended to cause distress.
• Making aggressive comments or threats.

A case will usually be heard in the Magistrates’ Court, but it can be sent to the Crown Court if it is racially or religiously aggravated under the Crime and Disorder Act 1998 or linked to more serious related offences.

Some harassment cases also overlap with domestic abuse law, particularly when the parties are personally connected. The Domestic Abuse Act 2021 and family court orders can become relevant if the behaviour affects children or child contact arrangements.

How Sentencing Guidelines Are Applied

Courts in England and Wales use Sentencing Council guidelines to decide the sentence for harassment offences. Judges and magistrates consider two main factors:

• Culpability: how deliberate and blameworthy the offending behaviour was. Factors including planning, persistence, targeting vulnerable victims and any abuse of trust may indicate greater culpability.
• Harm: the impact on the victim, such as whether the behaviour caused serious alarm, a substantial adverse effect on daily life or distress to the victim’s family.

Each offence has a starting point and a sentencing range. Once the court decides how serious the behaviour was, it can increase or reduce the penalty based on aggravating or mitigating factors.

Sentencing Ranges for Harassment Without Violence

A standard harassment without violence offence under section 2 of the Protection from Harassment Act 1997 is summary only and normally heard in the Magistrates’ Court. The maximum sentence is six months’ imprisonment and/or an unlimited fine.

If the offence is racially or religiously aggravated harassment under section 32 of the Crime and Disorder Act 1998, it is treated as an either-way offence. This means the case can stay in the Magistrates’ Court, where the maximum sentence remains six months’ imprisonment and/or an unlimited fine, or it can be sent to the Crown Court for trial or sentencing, where the maximum penalty increases to two years’ imprisonment and/or an unlimited fine.

Within these statutory maximums, the Sentencing Council guidelines give courts a range of possible outcomes depending on harm and culpability. Sentences can include:

• Community orders: unpaid work, rehabilitation requirements, curfews or restrictions on movement.
• Suspended sentences: a custodial term that will not take effect if you comply with set conditions.
• Immediate custody: used for more serious or persistent harassment, particularly if there are aggravating factors such as previous harassment convictions or hate motivation.

The court can also make a restraining order to protect the victim, regardless of whether there is a conviction. Breaching this order is a separate criminal offence with a maximum of five years’ imprisonment.

Aggravating Factors That Increase Sentence Severity

Certain features can make harassment offences more serious and push the penalty toward the higher end of the sentencing guidelines:

• Persistent or prolonged contact beyond what is needed to prove the offence.
• Targeting someone who is especially vulnerable due to a mental disorder, learning disability or other personal circumstances.
• Racial or religious aggravation, hostility to sexual orientation or transgender identity or other hate-based motivation.
• Offending where children are involved or present, or where the victim is a primary carer.
• Breaching bail, previous restraining orders or other civil proceedings.
• Using technology to monitor or intimidate, including social media messages or online tracking.
• Previous convictions for harassment, stalking or related criminal offences.

Where these apply, a court may impose immediate custody or move the case from the Magistrates’ Court to the Crown Court.

Mitigating Factors That Can Reduce a Sentence

There are also circumstances and behaviours that can reduce culpability and harm, and influence the court's decision to apply a lesser sentence. Your solicitor should consider whether any of these factors apply and present them in your defence if you are convicted:

• Entering an early guilty plea, which usually reduces the penalty.
• Showing genuine remorse and efforts to repair harm.
• Having no previous convictions and an otherwise good character.
• Experiencing mental ill health or other personal difficulties at the time of the offence.
• Being the sole or primary carer for children or dependent relatives.
• Attending counselling or behavioural programmes voluntarily.

These factors can move a case away from immediate custody and towards a community order or a suspended sentence. A criminal defence solicitor from the team at JMW will present this information effectively to the court, explain its relevance under the sentencing guidelines and argue for the lowest appropriate penalty.

Harassment Without Violence and Related Orders

Even if you avoid a custodial sentence, the court can still impose a restraining order to protect the victim and their family. The order may stop contact, prevent you from going near certain places or ban online contact through social media messages.

Breaching a restraining order is a separate criminal offence that can result in up to five years’ imprisonment in the Crown Court.

Where harassment happens in a domestic setting, the family court can also make orders about child contact arrangements and safety. Sometimes the court considers whether to avoid contact or place limits where children might be exposed.