If you are accused of harassment, you may be left alarmed, embarrassed and uncertain about what will happen next. Harassment is a criminal offence in England and Wales, and the police have a range of powers to investigate and take action, which can lead to serious consequences for those accused. 

In this blog, the expert harassment defence solicitors at JMW outline what the police can do if you are accused of harassment, the different types of action they may take and the factors that can influence how your case is handled.

How Harassment Is Treated by the Police

Harassment is most often prosecuted under the Protection from Harassment Act 1997. The law says that harassment occurs when someone pursues a course of conduct involving at least two incidents that cause, or are intended to cause, alarm or distress. This can include:

• Making unwanted phone calls.
• Turning up at someone’s home or workplace without invitation, and behaving in an intimidating manner.
• Stalking behaviour, such as following a person, monitoring their movements or trying to make a repeated unwanted connection.
• Embarrassing or humiliating comments made in public or online.
• Threatening conduct that makes a person fear violence.
• Applying pressure or demands that cause distress to people, for example by repeatedly asking for money or contact.

The police will look at the nature of the complaint and may treat repeated texts, emails, calls, online posts or face-to-face conduct as potential evidence. Even if you feel the behaviour was trivial, repeated actions can still lead to a criminal investigation.

Pre-Charge Police Action

At an early stage, the police will likely:

• Record the complaint and may need to review the information provided by the person who says they are being harassed.
• Collect evidence, including messages, call logs and social media activity.
• Issue a harassment warning (sometimes called a Police Information Notice) to make you aware of the allegation and to tell you to stop contacting the complainant.

While this may not mean you are guilty of an offence, it creates a record. If further allegations are made, the police may use this record to support proceedings. Seeking advice at this stage can be critical.

Escalated Police Powers

If the allegations are considered serious, the police can move beyond initial warnings and take stronger steps. This may include:

• Arresting you on suspicion of harassment, stalking or a related offence.
• Interviewing you under caution, where anything you say may later be used as evidence in court.
• Charging you and beginning formal harassment or stalking proceedings.
• Applying to the court for a restraining order or other injunction to prevent further contact.

Serious allegations are those that involve stalking behaviour such as following someone, monitoring their online activity or making repeated unwanted visits. Threats of violence, or situations where the complainant reports feelings of fear, will also be treated more severely.

What the Police Cannot Do

There are limits to what the police can do in harassment cases.

• The police cannot decide your guilt. Their role is to investigate, collect evidence and, if appropriate, bring charges. Only the courts can find you guilty after hearing the evidence.
• They cannot impose a restraining order themselves. Any order restricting contact or movement must come from the court, either as a bail condition or following a hearing.
• They cannot usually treat a single incident as harassment. To meet the legal test, there must be a “course of conduct” involving at least two occasions. A one-off event may still be investigated under another offence, such as malicious communications, assault or public order.

Understanding these limits can help you recognise when police action is appropriate and when you may need legal advice to challenge how your case is being handled.

What if a Family Member Is Involved in a Harassment Complaint?

Sometimes allegations of harassment arise within families, or a related dispute can lead to a complaint being made. These cases can be particularly sensitive, as the type of restrictions imposed due to police action may affect your day-to-day life more directly than in other situations.

The police may impose bail conditions or seek a restraining order that limits contact with a family member. In addition, where the behaviour amounts to a pattern of intimidation, control, or isolation, the offence of controlling or coercive behaviour in an intimate or family relationship may be alleged. This offence is taken seriously and can result in stronger penalties than a straightforward harassment charge.

Before responding to any conditions imposed, it is important to seek legal advice. A solicitor can help you understand the scope of any restrictions, avoid an accidental breach, and advise on the risks where coercive control is being considered by the police or prosecution.

Repercussions of Harassment Allegations

If you are charged with harassment or stalking, the court will decide how your case proceeds. For more serious allegations, you may be kept on remand until your first hearing if the court believes you are likely to continue the behaviour or fail to attend court when required.

If convicted, the penalties depend on the offence:

• Harassment can result in a fine, a community order, or up to six months’ imprisonment in the Magistrates’ Court.
• Stalking carries a higher maximum penalty of up to five years’ imprisonment in the Crown Court.
• Putting someone in fear of violence or causing serious alarm or distress can carry even longer custodial sentences.
• Courts may also impose a restraining order to stop further contact, even if you are not found guilty, where the court considers it necessary to protect the complainant.

Beyond the immediate penalties, a conviction for harassment or stalking can have wider consequences. It may affect your employment, restrict your ability to travel, and damage personal and professional relationships.