section 4A(1)(a)(b)(i) and (5), Protection from Harassment Act 1997

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

Stalking involving fear of violence — topic/offence reference under Contrary to section 4A(1)(a)(b)(i) and (5) 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. The defendant pursued a course of conduct — conduct (which includes speech) on at least two occasions in relation to the victim (s 7(3)(a), (4))
  • 2. The course of conduct amounted to stalking (s 4A(1)(a)): it amounted to harassment of the victim, the acts or omissions involved were ones associated with stalking, and the defendant knew or ought to have known that it amounted to harassment (s 2A(2))
  • 3. Acts associated with stalking include following, contacting or attempting to contact by any means, publishing material relating or purporting to relate to or originate from a person, monitoring internet/email/electronic communication use, loitering, interfering with property, and watching or spying (s 2A(3))
  • 4. The course of conduct caused the victim to fear, on at least two occasions, that violence would be used against him or her (s 4A(1)(b)(i))
  • 5. 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 — objective test: a reasonable person in possession of the same information would think so (s 4A(1), (2))

Defences

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

Mode of trial & maximum penalty

Either way — Summary: 12 months' imprisonment and/or a fine; Indictment: 10 years' imprisonment and/or a fine

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

Sources

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