Stalking Let's now consider the specific stalking offences which supplement the general harassment laws. The simple offence is a summary one, carrying a maximum of six months, while the aggravated form is triable either way, with a maximum ten-year sentence and or an unlimited fine on indictment. Both have a racially or religiously aggravated form covered by the Crime and Disorder Act, with enhanced maximum sentences of two years or fourteen years, respectively.
Under Section 2A.1, a person is guilty of an offence if he pursues a course of conduct in breach of Section 1.1 of the 1997 Act, i.e. A course of conduct which amounts to harassment. And the course of conduct amounts to stalking. A course of conduct amounts to stalking of another person. If it amounts to harassment of that person, the acts or omissions involved are ones associated with stalking, and the person whose course of conduct it is knows or ought to know.
that the course of conduct amounts to harassment of the other person. Hmm. So we need a course of conduct which amounts to both harassment and to stalking.
But what is stalking? Fortunately, the Act does now go on to give us a bit of a clue. Section 2A3. lists examples of behaviour associated with stalking.
It's not an exhaustive list, which means that other behaviour not mentioned could also be stalking, and that will be for the court to decide. But it gives an indication of the sort of conduct intended to be covered. The listed behaviours are following a person, contacting or attempting to contact a person by any means, Publishing any statement or other material, either relating or purporting to relate to a person, or purporting to originate from a person.
Monitoring the use by a person of the Internet, email, or any other form of electronic communication. Loitering in any place, whether public or private. Interfering with any property in the possession of a person. Watching or spying on a person. There is no specific defence to this stalking offence, but a defendant may be able to rely on the general harassment defences of crime, law or reasonable excuse.
There is a police power of entry in relation to the Section 2A stalking offence, which is contained in Section 2B. A constable can apply to a Justice of the Peace who may issue a warrant authorising entry and search of premises where there are reasonable grounds for believing that an offence under Section 2A has been or is being committed. A constable may seize and retain anything for which the search has been authorised and may use reasonable force if necessary.
It's anticipated that this power might be especially useful in cases of possible cyber-stalking so that computer equipment... can be seized for examination. Section 4A of the 1997 Act creates a triable either-way offence which prohibits a course of conduct relating to stalking and involving fear of violence or serious alarm or distress.
The first part of this aggravated stalking offence prohibits a course of conduct that causes another to fear on at least two occasions, that violence will be used against him, which is similar to the original Section 4 aggravated harassment offence. Again, the perpetrator ought to know that his course of conduct will cause another to fear violence if a reasonable person in possession of the same information would think the course of conduct would cause another to fear on that occasion. The second part of the offence prohibits a course of conduct which causes serious alarm or distress, which has a substantial adverse effect on the usual day-to-day activities of the victim. It's designed to recognise the serious impact that stalking may have on victims, even where an explicit fear of violence isn't created by each incident of stalking behaviour. The phrase substantial adverse effect on the usual day-to-day activities is not defined in Section 4A, and its meaning will be a matter for the courts to determine in future case law.
However, Home office guidance suggests that evidence of a substantial adverse effect caused by the stalker may include matters such as victims changing their routes to work, work patterns or employment, victims arranging for friends or family to pick up children from school to avoid contact with the stalker, victims putting in place additional security measures in their home. Victims moving home, physical or mental ill health, victims deterioration in performance at work due to stress, victims stopping or changing the way they socialise. In terms of the mens rea required for the Section 4A offence, the perpetrator ought to know that his or her course of conduct will cause their victim serious alarm or distress. which has a substantial adverse effect on their usual day-to-day activities, if a reasonable person in possession of the same information would think the course of conduct would cause the victim such alarm or distress. The aggravated stalking offence contains a similar defence to aggravated harassment, so that crime, law or reasonable protection of property.