Stalking & The Law
The Protection From Harassment Act 1997, which came into effect on 16 June 1997, provides new measures in the criminal and civil law to deal with stalking and other forms of harassment. It creates two new criminal offences:
- A summary offence of harassment-with a maximum imprisonment term of 6 months; and
- An indictable offence involving the fear of violence-with a maximum imprisonment term of 5 years.
It also gives criminal courts the power to make a restraining order immediately after convicting a person of either of the two criminal offences to prevent the offender from repeating their behaviour.
Victims of stalkers are also able to seek a civil injunction to stop the behaviour set out in respect of the summary offence of harassment.
A breach, or attempted breach, of a restraining order or civil injunction, without reasonable excuse, is a criminal offence with a maximum penalty of five years imprisonment.
Offenders may be subject to a restraining order or injunction in addition to any sentence of imprisonment under the new Act.
Prisoners serving a term of imprisonment, or remanded in custody, or returned to prison following a breach of licence, for an unrelated offence, may also be subject to a restraining order or injunction under the protection from harassment Act.
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