Harassment is a criminal offence, and charges can lead to significant legal and personal consequences, including reputational damage even for those who are not convicted. Unfortunately, accusations of harassment are sometimes made frivolously and, if they result in a police investigation, you may face a difficult experience with the criminal justice system.

The penalties you can receive in stalking and harassment cases vary based on the conduct alleged, but they can be extremely serious. This is partly because there are a range of harassment offences, some of which are more serious than others, and sentencing guidelines take many different factors into account. For example, a few isolated examples of sexual harassment or stalking result in a lesser sentence than stalking involving fear or offences related to a protected characteristic such as race or gender.

As such, it is vital to work with a solicitor from the outset if you are facing accusations or charges related to a harassment offence. JMW can begin to mount your defence straight away, represent you at all stages of the process and let you know what to expect after you are arrested or charged with harassment. While every case is different, there are some key steps that most harassment cases must pass through before they conclude. Here, the criminal defence experts at JMW explain some of the offending behaviours that can constitute harassment, outline how the legal process unfolds when someone is accused of a related offence and detail some of the penalties you could face if convicted.

What Is Considered Harassment?

Under the Protection from Harassment Act 1997, harassment occurs when a person pursues a course of conduct that causes another individual alarm or distress. To represent a course of conduct, the offending behaviour must happen on more than one occasion. For the behaviour to be considered an offence, the offender must know, or ought to know, that their actions amount to harassment.

Harassment does not need to involve physical contact or threats, although these behaviours may make the offence more serious and come with a higher maximum sentence. Unwanted communication, sexual comments and following someone can all amount to harassment. This can also take place in a variety of contexts and still amount to an offence - not all offences are committed in person or by people who know their victims, and contacting someone online on two or more occasions can be sufficient evidence to lead to a harassment charge.

The same legislation also covers more serious offences, such as harassment that causes fear of violence, stalking behaviour and racially or religiously aggravated harassment that targets protected characteristics as listed under the Equality Act 2010.

What Happens When You Are Charged With Harassment Offences?

When someone reports harassment to the police and the evidence is credible, the police will launch an investigation. Officers will investigate by collecting evidence such as statements, messages, social-media posts and CCTV footage. You may be asked to attend an interview at a police station, which may be held under caution in some cases, or you may be arrested and interviewed in serious circumstances. It is your legal right to have a solicitor represent you during any police interviews, and this is vital to help you to comply with the police investigation without unnecessarily incriminating yourself. This also represents your first opportunity to mount a defence.

The case will then be handed to the Crown Prosecution Service (CPS), which must decide whether to charge based on the following two requirements:

• There must be sufficient evidence to secure a realistic prospect of conviction.
• It must be in the public interest to prosecute.

If the CPS decides there is insufficient evidence to proceed with the case or convict you, you may be released without charge. On the other hand, if you are charged, you will be given a court date for a hearing at a Magistrates’ Court. The case may remain there or move to the Crown Court if you are facing more serious allegations.

If you have been arrested, you may be kept in custody until your first appearance in court, or released on bail. The court will conduct a risk assessment to determine whether it believes you will attend court when required and assess any risk posed to the alleged victim or the possibility that you will flee if you are released. Your solicitor will work to secure the best possible outcome for you and try to make sure you are released on bail. We can also advise you on compliance with bail conditions to help you avoid any further charges.

Can You Defend Harassment Charges?

At your first hearing, the charge will be read out and you will be asked to enter a plea. At this stage, you can plead not guilty and defend the charges in court if you wish. Entering a not guilty plea means that your case will proceed to trial, during which your solicitor can present evidence and mitigating factors in your defence.

There are several legal defences that may be used to defend charges of harassment, sexual harassment and stalking:

• Arguing that you did not know, and could not reasonably have been expected to know, that your actions amounted to harassment.
• Showing that the behaviour did not amount to a “course of conduct” because it was an isolated event.
• Demonstrating evidence of mental ill health that shows you were not responsible for your actions.

Your defence requires careful legal analysis and you should seek early advice from a criminal law solicitor. Depending on how the defence is presented, it may act as a full defence (meaning that you are found not guilty) or as a mitigating circumstances that will minimise your sentence if you are convicted.

While you can defend charges in some situations, your solicitor may advise you to plead guilty based on the evidence available and the strength of the prosecution's case. Pleading guilty can sometimes lead to a reduced sentence compared to defending the charge and being found guilty in court, so this may be the best option in your case. If you plead guilty (or are found guilty at trial) you will move to the sentencing stage, where your solicitor can also work to mitigate your sentence and ensure you do not face excessive penalties.

What Is the Maximum Sentence for Harassment?

The sentence you could receive for harassment depends on factors such as the specific type of harassment offence you are convicted of, the court in which your case is tried and the mitigating or aggravating factors that are presented. Examples of some of the maximum sentences for the key offences under the Protection from Harassment Act 1997 include:

• Harassment (Section 2) is a summary offence that can result in up to six months in prison, a fine or both.
• Harassment causing fear of violence (Section 4) is an either-way offence, meaning that it can be tried in either the Crown Court or the Magistrates' Court. On indictment in the Crown Court, it can carry a sentence of up to ten years’ imprisonment. If the offence is dealt with in the Magistrates’ Court, the maximum sentence is up to six months’ imprisonment, a fine up to the statutory maximum, or both.
• Stalking causing fear of violence or serious alarm or distress (Section 4A) is also an either-way offence that comes with a potential custodial sentence of ten years in prison, an unlimited fine or both. It may result in up to 12 months’ imprisonment, an unlimited fine or both if tried in the Magistrates' Court.

Sentencing takes account of the frequency of behaviour, the level of distress caused, and whether threats or violence were involved. The use of technology to intimidate or distress can also increase the severity of the sentence.

Beyond the maximum sentences listed here, there are further consequences you may face for a conviction. For example, the court can impose restraining orders to prevent further contact with the alleged victim, and breaching such an order is itself a separate offence. This additional criminal charge can result in imprisonment even if the initial offence you were convicted of did not lead to a custodial sentence.

Under the Stalking Protection Act 2019, the court can issue stalking protection orders without needing a conviction in court. These are designed to prevent the person contacting their victim or otherwise govern their behaviour, and protect victims before behaviours escalate to the degree of a criminal offence.

Even a minor conviction for harassment creates a criminal record, which can affect future employment, travel opportunities, and your reputation. Victims may also pursue civil proceedings for damages or injunctions in some cases.