Cameron Miranda
Stalking is a criminal offence in the UK under the Protection from Harassment Act 1997. It involves persistently following someone, watching, spying, or forcing contact with the victim through any means, including social media. Stalking is a form of harassment, but it involves an obsession with the victim, and the repeated, unwanted behaviour can cause distress or fear. The offence is more serious if it involves the fear of violence or is racially or religiously motivated. The maximum prison sentence for stalking in the UK is 10 years, and the police and criminal justice system have protocols in place to support victims and address risk factors. However, there have been criticisms of the police response to stalking, with calls for improvements in the application of stalking protection orders and changes to the criminal law to make it easier for police to understand and apply.
| Characteristics | Values |
|---|---|
| Definition | The Suzy Lamplugh Trust, a stalking charity, describes stalking as a "pattern of fixated and obsessive behaviour which is repeated, persistent, intrusive and causes fear of violence or engenders alarm and distress". |
| Legal Status | Stalking is classed as an offence under the Protection from Harassment Act 1997 and the Crime and Disorder Act 1998 (if racially or religiously aggravated). |
| Punishment | The maximum prison sentence for stalking is 10 years. |
| Prevalence | The ONS Crime Survey for England and Wales reported 129,076 stalking offences in the year to March 2024. 3.2% of people aged 16 and over (1.5 million) reported experiencing stalking. |
| Demographics | Women and younger people are more likely to be victims of stalking: 20.2% of women vs 8.7% of men, and 8.8% of those aged 16-19 vs 2.6% of those aged 45-54. |
| Victim-Offender Relationship | 45% of victims contacting the Suzy Lamplugh Trust helpline were being stalked by a former partner, while a further third had a prior acquaintance with their stalker. |
| Police Response | The police's response to stalking has been criticised as "insufficient", with a super-complaint filed against them in November 2022 highlighting "systemic issues". |
| Evidence | Evidence of stalking may include the victim changing their route to work, work patterns, employment, or adding home security measures. |
| Online Stalking | Online stalking involves monitoring, stalking, harassing, threatening, controlling, or impersonating another person using the internet or technology. |
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What You'll Learn
Stalking protection orders
Stalking is a repeated pattern of fixated and obsessive behaviour that is intrusive and causes fear, alarm, or distress. Stalking protection orders (SPOs) are civil orders that can be used to impose restrictions and requirements on perpetrators. They were created by the Stalking Protection Act 2019, which received Royal Assent on 15 March 2019.
SPOs enable courts, at the request of the police, to ban stalkers from contacting victims and visiting certain locations, as well as requiring them to seek professional help, including a mental health assessment. The use of SPOs should be considered as part of local adult and/or child safeguarding and public protection procedures. The police should apply for an SPO when it appears that the suspect has carried out acts associated with stalking, poses a risk of stalking, or there is reasonable cause to believe that the order is necessary to protect someone from that risk.
The Stalking Protection Act 2019 allows for early police intervention in stalking cases. It does not need to meet the threshold to commence criminal proceedings for the commission of an offence. This means that police can intervene before stalking behaviours become entrenched or escalate in severity, and victims can be protected from more serious harm. Applications are freestanding, and the Court can consider an application and make an SPO at any stage, provided it is satisfied that the three criteria set out in section 2(1) of the Act are met.
The penalties for breaching an SPO include up to six months' imprisonment and/or an unlimited fine in a magistrates' court; or up to five years' imprisonment and/or an unlimited fine in the Crown Court. However, concerns have been raised about the police response to stalking, with the Suzy Lamplugh Trust submitting a 'super-complaint' in November 2022, describing police use of SPOs as "insufficient". The government has since announced changes to SPOs as part of its plan to halve violence against women and girls in a decade.
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Stalking and harassment offences
Stalking and harassment are classed as offences under the Protection from Harassment Act 1997 and, where the offending is racially or religiously aggravated, the Crime and Disorder Act 1998. Both offences relate to behaviour that is repeated and unwanted. Harassment is behaviour intended to cause a person alarm or distress. The behaviour must occur on more than one occasion but does not have to be the same kind of behaviour each time. Common incidents of harassment include putting people in fear of violence, which constitutes a more serious offence. This involves two or more incidents that leave the victim fearing that violence will be used against them.
Stalking involves persistently following someone. This does not necessarily mean following them in person and can include watching, spying, or forcing contact with the victim through any means, including social media. Stalking involving fear of violence or serious alarm or distress is a more serious offence. It involves two or more occasions that have caused the victim to fear violence or had a substantial adverse effect on their day-to-day activities, even when the fear is not explicitly of violence.
In cases of stalking or harassment, the police can use S-DASH to identify high-risk cases. This enables them to ask additional questions and address any risk factors. Prosecutors should ensure they have been provided with a copy of the risk assessment tool. The support and safety needs of victims should be identified from the outset and continually considered throughout the case. Where available, this should be informed by any specialist support the victim is receiving, for example, through an Independent Stalking Advocacy Caseworker (ISAC) or an Independent Domestic Abuse Advisor (IDVA).
In January 2025, the BBC reported that 1,439 Stalking Protection Orders (SPOs) had been issued since 2020 by the 40 police forces that responded to their freedom of information request. However, the police have been criticised for their response to stalking. In November 2022, the Suzy Lamplugh Trust (on behalf of the National Stalking Consortium) submitted a 'super-complaint' against the police, describing their use of SPOs as "insufficient". The final report of the official investigation into the super-complaint contained 29 recommendations for improving the police's response to stalking, including changing the criminal law on stalking so it's easier for police to understand and apply.
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Stalking involving fear of violence
Stalking and harassment are classed as offences under the Protection from Harassment Act 1997. Stalking involves persistently following someone, which can include watching, spying, or forcing contact with the victim through any means, including social media. Stalking involving fear of violence is a more serious offence and involves two or more occasions that have caused the victim to fear that violence will be used against them. This could be evidenced by the victim changing their route to work or work patterns to avoid contact with the stalker, or putting additional home security measures in place.
The Suzy Lamplugh Trust, a stalking charity, describes stalking as a "pattern of fixated and obsessive behaviour which is repeated, persistent, intrusive and causes fear of violence or engenders alarm and distress". The maximum prison sentence for stalking involving fear of violence (a more serious offence) was doubled to 10 years from April 2017. This is compared to six months' imprisonment for the basic offence of stalking.
In cases of stalking, the police can use S-DASH to identify high-risk cases and ensure that the necessary safety measures are put in place. For example, the police may revoke a suspect's firearms licence. Additionally, stalking protection orders (SPOs) can be used to impose restrictions on perpetrators, such as banning them from contacting victims or visiting certain locations. However, there have been criticisms of the police's response to stalking, with a 'super-complaint' submitted against them in November 2022, highlighting "systemic issues".
It is important to note that the context of the behaviour is crucial in determining whether an offence has been committed. The behaviour must occur on more than one occasion, and the offender must know or ought to know that their conduct will cause fear of violence.
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Online stalking
Stalking and harassment are classed as offences under the Protection from Harassment Act 1997. Both offences relate to behaviour that is repeated and unwanted. Harassment is behaviour intended to cause a person alarm or distress. Stalking involves persistently following someone and can include watching, spying, or forcing contact with the victim through any means, including social media.
The Crown Prosecution Service provides legal guidance on stalking or harassment offences. Prosecutors should work closely with the police and other agencies to gather and present the best evidence to the court. The support and safety needs of victims should be identified early on and considered throughout the case. Risk assessments are also used to identify high-risk cases and address any necessary factors, such as safety and security measures or law enforcement actions.
In terms of sentencing, the court must follow relevant sentencing guidelines. The sentence is calculated by assessing culpability and harm. Culpability refers to the offender's responsibility, while harm measures the distress caused to the victim. Aggravating factors, such as racial or religious motivation, can increase the severity of the sentence.
If you or someone else is in immediate danger, call 999. You can also contact your local police if it is not an emergency. Support and advice are available through organisations such as the National Stalking Helpline.
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Support for victims of stalking
Stalking can be very distressing for victims, and it is important that they receive the necessary support. If you are a victim of stalking, it is crucial that you know that you are not alone and that help is available. Here are some ways to seek support as a victim of stalking:
Helplines and Hotlines:
- The National Stalking Helpline offers practical information, support, and advice on risk, safety planning, and legislation. They can be contacted at 0808 802 0300 or via email. Their operating hours are Monday and Wednesday from 9:30 am to 8 pm, and Tuesday, Thursday, and Friday from 9:30 am to 4 pm.
- The Victim Support helpline provides free and confidential support to victims, regardless of whether the crime has been reported. They can be reached at 0808 168 9111.
- The government's victim helpline can be contacted via phone, email ([email protected]), or through a 'non-contact' request on the gov.uk website. They offer advice, guidance, and support for adults over 18 and free expert help for victims of cybercrime and online harm.
- The National Domestic Abuse Helpline, run by Refuge, can be reached at 0808 2000 247. They offer advice to anyone receiving unwanted contact from an offender, including those who are in prison.
Counselling and Therapy:
- The Advice and Counselling Service at Queen Mary University of London offers advice, guidance, and ongoing support to students affected by stalking and harassment. They provide specialist, professional, and confidential services to support students' emotional and psychological wellbeing.
- Veritas Justice is an organisation based in Sussex that provides counselling and support specifically for stalking victims in the region.
- The Alice Ruggles Trust provides stalking information and resources for victims.
Advocacy Services:
- Paladin National Stalking Advocacy Service (NSAS) is a not-for-profit organisation that provides trauma-informed support to high-risk victims of stalking in England and Wales. They have a team of trained Independent Stalking Advocacy Caseworkers (ISACs) who work with victims of all ages, including young people aged 16 and above. They can be contacted at 020 3866 4107.
- The Suzy Lamplugh Trust offers stalking information, support, and advocacy services.
- The Metropolitan Police's StreetSafe service allows individuals to report safety concerns in public places anonymously, without providing their name to the police.
Safety Measures:
- The Hollie Guard is a free personal safety app recommended by the police.
- It is important to understand privacy settings on social media and other online platforms to protect yourself from cyberstalking.
- Develop a safety plan, which may include changing daily routines, securing your home, or identifying emergency contacts.
Reporting to the Police:
If you are in immediate danger, call 999. For non-emergency situations, contact your local police.
Additionally, if you know someone who is a victim of stalking, you can offer support by listening without judgment, empathising, and encouraging them to document incidents and report them to the police when they feel ready. Remember to always respect the victim's privacy and avoid sharing their information online or publicly.
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Frequently asked questions
Stalking is a form of harassment that involves obsession with the person being targeted. It involves repeatedly behaving in a way that makes the victim feel scared, distressed, or threatened. It is classed as an offence under the Protection from Harassment Act 1997.
Stalking behaviour includes persistently following someone, watching, spying, or forcing contact with the victim through any means, including social media. Other examples include monitoring the use of the internet, email, or other forms of electronic communication, loitering, and interfering with the victim's property.
The penalties for stalking in the UK can vary depending on the severity of the offence and the impact on the victim. The maximum prison sentence for the most serious stalking offences is up to 10 years. Other penalties can include fines, restraining orders, and protective orders.
If you believe you are being stalked, you can report it to the police by calling 101 or attending your local police station. You can also seek advice and support from organisations such as the National Stalking Helpline or the Suzy Lamplugh Trust. It is important to gather as much evidence as possible, such as screenshots of messages, emails, or social media posts, and keep a record of any incidents.
