Family Solicitors

Political and public concerns about problems associated with stalking led to the passing of the Protection from Harassment Act in 1997. It was generally considered that the existing criminal and civil laws that were currently in place to deal with such issues were not providing adequate protection and that new legislation needed to be put in place to meet the needs of society.

This is commonly referred to as the ‘Stalking Law’ and the immediate effect of the new law was to create two new categories of criminal offence and allow the civil courts to award damages to victims of stalking, as well as to take out injunctions against offenders.

In stalking cases, primary legislation is used to deal with the matter, although the Protection from Harassment Act itself covers all types of harassment. A minimum of two incidents of harassment must take place before this law can be used against an alleged stalker. Unlike the case in normal criminal offences, the legal test concerns itself with whether a ‘reasonable person’ is bringing the charge of harassment rather than a degree of intent needing to be shown before the offence has taken place. For example, in harassment cases stalkers commonly claim that they have no malicious intentions and are even in love with their victim even though such sentiments are not reciprocated.

However, civil courts can also grant an injunction in common law and not only just under the provisions of the Protection from Harassment Act. A Non Molestation Order can be granted under the Family Law Act of 1996 in the case of the victim of harassment having been a former partner of the stalker or had shared accommodation with them, as often proves to have been the case. A power of arrest can be attached to orders such as these by the courts, which means that should the order be breached then the police are able to arrest the stalker.

There is a whole range of possible criminal offences that can be committed by alleged stalkers that can be acted on by the courts to put a stop to stalking activities. A case in 1997 prompted the House of Lords to subject stalkers to the same criminal legislation that had been originally designed to prosecute those who cause actual or grievous bodily harm to their victims, even though in this case no physical harm may have occurred.

One of the latest pieces of anti-stalking legislation concerns itself with the harassment of a person within their own home, which allows the police to order the offender to leave the area and arrest them if they attempt to return.

There is a range of legislation in place to deal with stalkers and harassment in general, and Duncan Lewis, or other family and childcare solicitors, will be pleased to discuss the choices of action open to you if you have grounds for believing that you may be the victim of stalking.