What are the UK sentencing guidelines for stalking?

Being involved in a stalking case can be a scary and serious process to have to navigate. It’s a complicated legal area that’s also surrounded by a lot of taboo, and as a result, seeking legal advice can be even more complicated compared to other criminal offences. 

If you are involved in a stalking case, it’s imperative that you have access to appropriate legal resources as early as possible. Here, we explore the sentencing guidelines that apply to stalking convictions in the UK, starting with a legal definition before moving on to examples and typical sentences. 

The information in this article is intended only as a topical introduction. Whether you suspect that you may be under investigation or you have already been charged with an offence, it is imperative that you seek expert legal advice from a criminal defence solicitor at the earliest opportunity available to you. 

 

Stalking legally defined

In the UK, stalking is defined primarily in section 42A (1) of the Criminal Justice and Police Act 2001 and in sections 2, 2A and 4A of the Protection from Harassment Act 1997.

Stalking, also referred to in legal settings as harassment, can be carried out in a number of different ways. What ties most forms of stalking or harassment together is the use of monitoring, ongoing contact, in-person following or other forms of excessive interference in a victim’s life, over a prolonged timeframe, to negatively affect their wellbeing and autonomy.

Aggravated offences

In certain situations, it’s possible to be charged with aggravated stalking. In these circumstances, if it can be argued that the offence was carried out due to the victim’s race, gender, sexuality, disability, or certain other kinds of vulnerabilities and protected characteristics, then the sentence, should the defendant be found guilty, will be more serious. 

Cases where the victim suffers a genuine fear or threat of violence can also be considered examples of aggravated stalking in some circumstances. 

 

Examples of stalking 

As you may have noticed, the legal definition of stalking is relatively vague and broad – it can help to more closely define it through some more practical examples.

Example 1

One example of stalking could consist of following a victim in person. The stalker might learn what places their victim goes to on a regular basis, waiting for them at the gym, at their workplace, or even at their home uninvited. 

This could also lead to interfering with their property, or leaving notes and items for the victim to find. All of this behaviour would be against the wishes of the victim. 

Example 2 

Stalking can also take place online, as this example shows. The stalker could use social media and other digital tools to track their victim’s location. To do so, they could also hack or attempt to hack into their victim’s online accounts, using that presence to further monitor their actions. 

The stalking might also spread rumours about the victim, and harass them from fake accounts. All of this behaviour would take place over a prolonged time frame, and have a negative effect on the victim’s life. 

 

Sentencing guidelines for stalking

According to the sentencing guidelines, the maximum sentence that you can receive – in non-aggravating circumstances – should you be found guilty of stalking is a 6-month prison sentence. First-time offenders who are found guilty of stalking will likely face a sentence towards the lower end of that range, potentially even receiving just a fine.

If the harassment or stalking is aggravated due to the racial or religious identity of the victim, then the maximum sentence rises to two years in prison. 

In cases where there is a serious fear of violence or stress, the maximum sentence rises substantially higher, to 10 years in prison. Where racially or religiously aggravated, that rises to 14 years in prison. It’s imperative that your lawyer fully understands these legal nuances, or you could end up facing a serious custodial sentence.

 

Impacting factors

There are a number of factors that impact the sentence you’ll receive. First, the court will assess both culpability and harm. Then, they will potentially look for any aggravating or mitigating factors.

Culpability

Assessing culpability essentially involves looking at how responsible the offender was for the offence. If the stalking had taken place over a long period of time, and involved a lot of sophisticated planning, they may be considered to be more culpable. 

If, on the other hand, the behaviour was limited in its scope, unsophisticated and did not take place over an excessively long time frame, then it’s possible that the offender would be considered less culpable.

Harm

Harm in stalking cases is assessed through the amount of emotional distress caused to the victim. Evidence of this could be found in changes they made to their lifestyles, or in ongoing psychological effects.

Mitigating factors

Mitigating factors, if present, could lead to a lesser sentence being given to an offender. Mitigating factors could include showing genuine remorse, being of otherwise good character, demonstrating genuine ways in which they are addressing their offending behaviour, or being the primary or sole caregiver to any dependent relatives.

Aggravating factors

Aggravating factors, on the other hand, can lead to the offender receiving a lengthier sentence. Aggravating factors could include having similar convictions of a similar nature, having pursued a particularly vulnerable victim, impacting others (especially children) through the stalking as well, or using particularly offensive or violent material as part of the harassment or stalking. 

Should you be found guilty, it is important that your solicitor is able to highlight any potentially mitigating factors that might be present in your case. This can help to limit the severity of your sentence, and other impacts that a guilty verdict could have on your life.

Stalking is clearly a serious offence in the UK, especially when combined with certain aggravating factors. It is imperative that you leave enough time to work on a legal defence, to ensure that you achieve a legal outcome with minimal negative impacts.