Protection of Freedoms Act 2012

Part 11 Stalking

Protection from Harassment Act 1997

143 (1) The Protection from Harassment Act 1997 is amended as follows.

(2) In section 1(2) (circumstances in which a person ought to know that a course of conduct amounts to harassment) after “this section” insert “or section 2A(2)(c)”.

(3) In section 4 (putting people in fear of violence)—

(a) in subsection (5) after “section 2” insert “or 2A”, and

(b) in subsection (6) after “section 2” insert “or 2A”.

Crime and Disorder Act 1998

144 (1) Section 32 of the Crime and Disorder Act 1998 (racially or religiously aggravated harassment etc.) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a)—

(i) after “section 2” insert “or 2A”, and

(ii) for “offence of harassment” substitute “offences of harassment and stalking”, and

(b) in paragraph (b)—

(i) after “section 4” insert “or 4A”, and

(ii) after “violence” insert “and stalking involving fear of violence or serious alarm or distress”.

(3) In subsection (5) for “the basic offence” substitute “either basic offence”.

Criminal Justice and Police Act 2001

145 In Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001 (powers of seizure to which section 50 of that Act applies), after paragraph 63, insert—

“Protection from Harassment Act 1997

63A The power of seizure conferred by section 2B(2) of the Protection from Harassment Act 1997 (seizure of material relevant to stalking).”

Sexual Offences Act 2003

146 In Schedule 5 to the Sexual Offences Act 2003 (relevant offences for the purposes of notification and orders)—

(a) in paragraph 56A—

(i) after “section 2” insert “or 2A”, and

(ii) for “offence of harassment” substitute “offences of harassment and stalking”, and

(b) in paragraph 57—

(i) after “section 4” insert “or 4A”, and

(ii) after “violence” insert “and stalking involving fear of violence or serious alarm or distress”.

Criminal Justice Act 2003

147 In Part 1 of Schedule 15 to the Criminal Justice Act 2003 (sentencing of dangerous offenders: specified violent offences), in paragraph 57—

(a) after “section 4” insert “or 4A”, and

(b) after “violence” insert “and stalking involving fear of violence or serious alarm or distress”.