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Harassment, stalking and controlling or coercive behaviour
Harassment and stalking are offences under the Protection from Harassment Act 1997 and need a course of conduct, usually conduct on at least two occasions. Controlling or coercive behaviour towards a partner, ex-partner or relative is a separate offence (Serious Crime Act 2015 s.76), maximum 5 years.
Harassment
- Harassment (Protection from Harassment Act 1997 ss.1 and 2): a course of conduct amounting to harassment, which the defendant knows or ought to know is harassment. It includes causing alarm or distress. Summary only, maximum 6 months.
- Putting people in fear of violence (s.4): a course of conduct causing another to fear, on at least two occasions, that violence will be used against them. Either way, maximum 10 years.
A course of conduct needs conduct on at least two occasions towards one person, or at least once towards each of two or more people (s.7). Defences include that the conduct was pursued to prevent or detect crime, or was reasonable in the circumstances (s.1(3); similar under s.4(3)).
Stalking
- Stalking (s.2A): harassment involving acts associated with stalking, such as following, contacting or trying to contact, monitoring communications, loitering or watching. Summary only, maximum 6 months.
- Stalking involving fear of violence or serious alarm or distress (s.4A), meaning distress with a substantial adverse effect on usual day-to-day activities. Either way, maximum 10 years.
Racially or religiously aggravated versions carry higher maximums (Crime and Disorder Act 1998 s.32). Summary-only charges must normally be brought within 6 months.
Controlling or coercive behaviour
Under the Serious Crime Act 2015 s.76, it is an offence repeatedly or continuously to behave in a controlling or coercive way towards someone personally connected to the defendant, where it has a serious effect (fear of violence on at least two occasions, or serious alarm or distress substantially affecting day-to-day activities) and the defendant knows or ought to know this. Since April 2023 it covers partners, ex-partners and relatives whether or not they live together. Either way, maximum 5 years. It is a defence that the defendant believed they were acting in the victim's best interests and the behaviour was reasonable (s.76(8)), but not where it caused fear of violence.
Orders
On conviction or acquittal a court can make a restraining order (Sentencing Act 2020 s.360; PHA 1997 s.5A). Police can apply for a stalking protection order; the Crime and Policing Act 2026 lets criminal courts make one at the end of a case once that power is in force. Domestic abuse protection orders operate in some areas, with national rollout announced from late November 2026. Breaching any of these orders is an offence (maximum 5 years).
In practice
These cases often turn on messages and social media read in full context, and on disclosure of the complainant's own communications.
Authorities: Protection from Harassment Act 1997 ss.1, 2, 2A, 4, 4A, 5A, 7; Crime and Disorder Act 1998 s.32; Magistrates' Courts Act 1980 s.127; Serious Crime Act 2015 s.76 (as amended by Domestic Abuse Act 2021 s.68); Sentencing Act 2020 ss.359, 360, 363; Stalking Protection Act 2019 ss.1, 8; Domestic Abuse Act 2021 ss.27, 39; Crime and Policing Act 2026 Part 6; Sentencing Council, Controlling or coercive behaviour guideline