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Whilst there is no strict legal definition of 'stalking', section 2A (3) of the PHA 1997 sets out examples of acts or omissions which, in particular circumstances, are ones associated with stalking.
Under 32(6) CDA 1998 if, on the trial on indictment of a person charged with an offence falling within subsection (1)(b), the jury find him not guilty of the offence charged, they may find him guilty of an offence falling within subsection (1)(a).
Prosecutors should note that the examples given in section 2A (3) is not an exhaustive list but an indication of the types of behaviour that may be displayed in a stalking offence.
Prosecutors should note that stalking and harassment of another or others can include a range of offences such as those under: the Protection from Harassment Act 1997; the Offences Against the Person Act 1861; the Sexual Offences Act 2003; and the Malicious Communications Act 1988.
This order can be made in addition to a custodial sentence or other sentence.
The order can be especially useful in preventing continued stalking and harassment by defendants, including those who are given sentences of imprisonment.
The Court of Appeal rejected the argument that malicious allegations could not be oppressive if they could easily be rebutted.
A prosecution under section 2 or 4 requires proof of harassment.The PHA was brought into force on 16 June 1997 and was amended by the Protection of Freedoms Act 2012 to include two new specific offences of stalking, through the insertion of sections 2A and 4A.A court dealing with a person convicted of any offence, including those under sections 2, 2A, 4 or 4A of the PHA, may make a restraining order prohibiting the defendant from doing anything described in the order.Further information can be found at: In this legal guidance, the term harassment is used to cover the 'causing alarm or distress' offences under section 2 of the Protection from Harassment Act 1997 as amended (PHA), and 'putting people in fear of violence' offences under section 4 of the PHA.The term can also include harassment by two or more defendants against an individual or harassment against more than one victim.Prosecutors should consider Section 32 of the Crime and Disorder Act 1998 ( CDA 1998) which provides for two racially or religiously aggravated harassment offences, provided the racial or religious aggravation test in section 28 of the CDA 1998 Acts met.