Lecture on Stalking Offences

Introduction

• Stalking Offences: Supplement general harassment laws.
• Simple Offence: Summary offence, maximum of six months sentence.
• Aggravated Offence: Triable either way, maximum ten-year sentence or unlimited fine.
• Enhanced Sentences: Racially or religiously aggravated forms under the Crime and Disorder Act with maximum sentences of two or fourteen years.

Legal Definitions

• Section 2A.1: Defines guilt if pursuing a course of conduct breaching Section 1.1 of the 1997 Act, which amounts to harassment and stalking.
• Course of Conduct: Must amount to both harassment and stalking.

Stalking: Definitions and Examples

• Stalking Definition: Provided under the Act but not exhaustive.
  • Behaviour associated with stalking includes:
    • Following a person
    • Contacting a person by any means
    • Publishing statements or materials about or from a person
    • Monitoring internet or electronic communication
    • Loitering in public or private places
    • Interfering with a person's property
    • Watching or spying on a person

Legal Defences

• No Specific Defence: Relies on general harassment defences such as crime, law, or reasonable excuse.

Police Powers

• Section 2B: Police power of entry related to Section 2A stalking offences.
  • Warrant can be issued for search and entry if an offence is believed to be committed.
  • Items can be seized, using reasonable force if necessary.
  • Useful in cyber-stalking for seizing computer equipment.

Aggravated Stalking Offence (Section 4A)

• Triable Either Way: Prohibits conduct causing fear of violence or serious alarm/distress.
• First Part: Fear of violence on at least two occasions.
  • Similar to Section 4 aggravated harassment offence.
  • Perpetrator ought to know about causing fear.
• Second Part: Causes serious alarm or distress with a substantial adverse effect on the victim’s daily activities.
  • Recognizes impact even without explicit fear of violence.

Substantial Adverse Effect

• Undefined in Section 4A: For courts to determine.
• Home Office Guidance: Examples include:
  • Changes in routes to work, employment, or socializing
  • Additional security measures taken by victims
  • Mental or physical health impacts
  • Changes in social interactions
  • Stress affecting work performance

Mens Rea and Defences for Section 4A

• Mens Rea: Perpetrator ought to know the impact of their conduct.
• Defences: Similar to aggravated harassment, including crime, law, or reasonable protection of property.