Stalking
Stalking is harassment involving behaviour associated with stalking, such as following someone, repeatedly contacting them, monitoring their online activity, loitering nearby or watching them. The more serious section 4A offence applies where it causes fear of violence or serious alarm or distress affecting daily life.
Law checked as at 25 September 2026. Legal information only, not legal advice, and not a prediction of any sentence.
At a glance
| Also known as | Section 2A stalking, Stalking involving fear of violence or serious alarm or distress, Section 4A stalking |
|---|---|
| The law | Protection from Harassment Act 1997, section 2A |
| Where it is tried | section 2A stalking is summary only and is tried in the magistrates' court. Section 4A stalking is either way and can be tried in the magistrates' court or the Crown Court. |
| Maximum penalty | Section 2A: 6 months' imprisonment and/or an unlimited fine. Section 4A: 10 years' imprisonment and/or a fine. Racially or religiously aggravated stalking carries up to 2 years (section 2A) and 14 years (section 4A). Breaching a stalking protection order carries up to 5 years. |
| Sentencing guideline | Harassment (fear of violence)/ Stalking (fear of violence or serious alarm or distress) |
Maximum penalties are the most a court can impose for the worst cases. Most sentences are far lower, and the actual sentence depends on the facts, any guilty plea and the court's assessment.
What the prosecution must prove
- A course of conduct on at least two occasions that amounts to harassment of the victim.
- The acts or omissions are ones associated with stalking, such as following, contacting or trying to contact the person, publishing material about them, monitoring their internet or email use, loitering, interfering with their property, or watching or spying on them.
- The defendant knew, or ought to have known, that the conduct amounted to harassment.
- For section 4A: the conduct caused the victim to fear violence on at least two occasions, or caused serious alarm or distress with a substantial adverse effect on their usual day-to-day activities, and the defendant knew or ought to have known it would.
Defences and common issues
- The conduct was pursued for the purpose of preventing or detecting crime, for example by an investigator.
- The conduct was pursued under an enactment or rule of law, or to comply with a legal requirement.
- The conduct was reasonable in the circumstances (for section 4A, reasonable to protect yourself, another person or property).
- There was no course of conduct amounting to harassment, or the behaviour was not of a kind associated with stalking.
Frequently asked questions
What is the difference between stalking and harassment?
Stalking is a form of harassment, so both need a course of conduct on at least two occasions that the person knows or ought to know amounts to harassment. Stalking adds behaviour associated with stalking, such as following someone, monitoring their phone or social media, loitering near their home or repeatedly trying to contact them. The CPS describes stalking as often involving fixation and obsession. Both have basic offences with a 6-month maximum and more serious versions with a 10-year maximum.
Do there have to be threats for it to be stalking?
No. The basic stalking offence under section 2A does not need threats or fear of violence, only a course of conduct that amounts to harassment and involves stalking-type behaviour. The more serious section 4A offence applies if the stalking causes you to fear violence on at least two occasions, or causes serious alarm or distress that substantially affects your day-to-day life, for example changing your route to work, moving home or stopping social activities.
What is a stalking protection order?
A stalking protection order is a civil order made by a magistrates' court on an application by the police under the Stalking Protection Act 2019. It can ban someone from doing certain things, such as contacting the victim, and require them to do others, such as attending a programme. It can be made without a criminal conviction. Breaching it without reasonable excuse is a criminal offence with a maximum of 5 years' imprisonment. Victims can ask police to consider applying.
Can stalking happen online?
Yes. Stalking behaviour listed in the Protection from Harassment Act 1997 includes contacting or trying to contact someone by any means, publishing material about them, and monitoring their use of the internet, email or other electronic communication. That can include tracking someone's location through apps, creating fake accounts to contact them, or repeatedly messaging after being blocked. Online and offline behaviour can be combined to form a single course of conduct.
What is the maximum sentence for stalking?
Stalking under section 2A carries up to 6 months' imprisonment and an unlimited fine. Stalking involving fear of violence or serious alarm or distress under section 4A carries up to 10 years' imprisonment. If racially or religiously aggravated, the maximums are 2 years and 14 years. Courts follow the Sentencing Council guideline and often make a restraining order on conviction. These are maximum penalties, and the actual sentence depends on the facts of the case.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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