PART 2CRIMINAL LAW
Stalking
I139Offence of stalking
1
A person (“A”) commits an offence, to be known as the offence of stalking, where A stalks another person (“B”).
2
For the purposes of subsection (1), A stalks B where—
a
A engages in a course of conduct,
b
subsection (3) or (4) applies, and
c
A's course of conduct causes B to suffer fear or alarm.
3
This subsection applies where A engages in the course of conduct with the intention of causing B to suffer fear or alarm.
4
This subsection applies where A knows, or ought in all the circumstances to have known, that engaging in the course of conduct would be likely to cause B to suffer fear or alarm.
5
It is a defence for a person charged with an offence under this section to show that the course of conduct—
a
was authorised by virtue of any enactment or rule of law,
b
was engaged in for the purpose of preventing or detecting crime, or
c
was, in the particular circumstances, reasonable.
6
In this section—
“conduct” means—
- a
following B or any other person,
- b
contacting, or attempting to contact, B or any other person by any means,
- c
publishing any statement or other material—
- i
relating or purporting to relate to B or to any other person,
- ii
purporting to originate from B or from any other person,
- i
- d
monitoring the use by B or by any other person of the internet, email or any other form of electronic communication,
- e
entering any premises,
- f
loitering in any place (whether public or private),
- g
interfering with any property in the possession of B or of any other person,
- h
giving anything to B or to any other person or leaving anything where it may be found by, given to or brought to the attention of B or any other person,
- i
watching or spying on B or any other person,
- j
acting in any other way that a reasonable person would expect would cause B to suffer fear or alarm, and
- a
“course of conduct” involves conduct on at least two occasions.
7
A person convicted of the offence of stalking is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a fine, or to both,
b
on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.
8
Subsection (9) applies where, in the trial of a person (“the accused”) charged with the offence of stalking, the jury or, in summary proceedings, the court—
a
is not satisfied that the accused committed the offence, but
b
is satisfied that the accused committed an offence under section 38(1).
9
The jury or, as the case may be, the court may acquit the accused of the charge and, instead, find the accused guilty of an offence under section 38(1).