England & Wales · 1997
Protection from Harassment Act 1997
Protects: Any person subjected to a course of conduct amounting to harassment or stalking.
Information only. This is not legal advice. Court procedures and the law change. Always confirm with a solicitor, Citizens Advice, or a domestic abuse advocate before acting.
Summary
Creates the criminal offences of harassment (s.2) and stalking (s.2A), the more serious putting a person in fear of violence (s.4) and stalking involving fear of violence or serious alarm/distress (s.4A). Permits restraining orders on conviction or acquittal (s.5/s.5A).
Key provisions
s.1 — Prohibition
Prohibits a course of conduct (two or more occasions) that the defendant knows or ought to know amounts to harassment.
s.2A — Stalking
Stalking is a course of harassment amounting to stalking behaviours (following, contacting, monitoring, loitering).
s.4A — Stalking with fear of violence
Aggravated offence; up to 10 years' imprisonment.
s.5 — Restraining order on conviction
Court may make a restraining order following conviction to protect victim from further conduct.
s.5A — Restraining order on acquittal
Order available even where the defendant is acquitted, if necessary to protect a person from harassment.
What this Act affects
The specific protective court orders and decision points this Act creates or feeds — with the exact statutory section.
Sentencing court may make a restraining order for any offence following conviction (extended by s.12 DVCVA 2004 from harassment-only to any offence).
Court may make a restraining order even on acquittal if necessary to protect from harassment (civil standard).
Criminal offences feeding restraining orders
ss.2, 2A, 4, 4ADecision point: charge selection — harassment, stalking, putting in fear of violence, stalking with fear of violence (up to 10 years).