section 32(1)(b) and (4), Crime and Disorder Act 1998 and section 4A(1

Racially / religiously aggravated stalking involving fear of violence

The statutory wording, points to prove, defences and penalty — verified against legislation.gov.uk (current revised versions, July 2026).

What the law says

Racially / religiously aggravated stalking involving fear of violence — topic/offence reference under Contrary to section 32(1)(b) and (4) of the Crime and Disorder Act 1998 and section 4A(1)(b)(i) of the Protection from Harassment Act 1997..

CJS codes
Official CJS offence index (March 2026)
—Charged under the specific underlying offence code.

Points to prove

  • 1. 1. The defendant pursued a course of conduct (conduct on at least two occasions) against the victim
  • 2. 2. The course of conduct amounted to stalking — it amounted to harassment of the victim, involved acts or omissions associated with stalking (e.g. following, contacting, monitoring electronic communications, loitering, interfering with property, watching or spying — s 2A(3) PHA 1997), and the defendant knew or ought to have known it amounted to harassment
  • 3. 3. The course of conduct caused the victim to fear, on at least two occasions, that violence would be used against the victim (s 4A(1)(b)(i) PHA 1997)
  • 4. 4. The defendant knew or ought to have known that the course of conduct would cause the victim so to fear on each of those occasions — a reasonable person in possession of the same information would think it would cause such fear
  • 5. 5. At the time of committing the offence, or immediately before or after doing so, the defendant demonstrated towards the victim hostility based on the victim's membership (or presumed membership) of a racial or religious group, OR the offence was motivated (wholly or partly) by such hostility (s 28(1) CDA 1998)

Defences

  • Statutory defence — s 4A(4)(a) PHA 1997: course of conduct pursued for the purpose of preventing or detecting crime
  • Statutory defence — s 4A(4)(b) PHA 1997: course of conduct pursued under any enactment or rule of law, or to comply with any condition or requirement imposed under any enactment
  • Statutory defence — s 4A(4)(c) PHA 1997: pursuit of the course of conduct was reasonable for the protection of the defendant or another, or of the defendant's or another's property

Mode of trial & maximum penalty

Either way — Summary: 6 months' imprisonment and/or a fine; Indictment: 14 years' imprisonment and/or a fine

Reference only — verify against current legislation and force policy before charge. Spotted an error? Tell us.

Sources

This card, offline, in two taps

Section puts 1,200+ offences with verified points to prove, penalties and CJS codes in your pocket — built for on-shift lookup, free.

Join the waitlist