Stalking Flashcards
Q: What are the 2 different stalking offences?
Stalking, contrary to s2A of the Act (summary offence)
Stalking involving fear of violence or serious alarm or distress, contrary to s4A of the Act (triable either way)
Q: What is the offence of stalking?
S2A(1)
(1) A person is guilty of an offence if-
(a) the person pursues a course of conduct in breach of section 1(1) (ie course of conduct amounts to harassment), and
(b) the course of conduct amounts to stalking.
Q: What course of conduct amounts to stalking?
S2A(2)
A person’s course of conduct amounts to stalking of another person if—
(a) it amounts to harassment of that person,
(b) the acts or omissions involved are ones associated with stalking, and
(c) the person whose course of conduct it is knows or ought to know that the course of con-duct amounts to harassment of the other person.
Q: What is therefore needed for this offence to be made out?
We need a course of conduct which amounts to both harassment and stalking!!
Q: What is ‘stalking’? Examples of acts that are associated with stalking.
S2A(3) (not an exhaustive list)
The following are examples of acts or omissions which, in particular circumstances, are ones associated with stalking—
(a) following a person,
(b) contacting, or attempting to contact, a person by any means,
(c) publishing any statement or other material—
(i) relating to purporting to relate to a person, or
(ii) purporting to originate from a person,
(d) monitoring the use by a person of the internet, email or any other form of electronic communication,
(e) loitering in any place (whether public or private),
(f) interfering with any property in the possession of a person,
(g) watching or spying on a person.
Q: Are there any specific defences to stalking?
No specific defence to this stalking offence.
D may able to rely on the general harassment defences of crime, law or reasonable excuse.
Q: What are the police powers in relation to stalking?
There is a police power of entry in relation to the s2A stalking offence. It is contained in s2B.
(1) A justice of the peace may, on an application by a constable, issue a warrant authorising a constable to enter and search premises if the justice of the peace is satisfied that there are reasonable grounds for believing that—
(a) an offence under section 2A has been, or is being, committed,
(b) there is material on the premises which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence.
(2) A constable may seize and retain anything for which a search has been authorised under subsection (1).
Q: Example of when these police powers may be useful.
When the stalking is a form of cyber stalking and computer devices need to be seized for the investigation.
Q: What is the offence of stalking involving fear of violence or serious alarm or distress?
S4A- aggravated stalking
(1) A person (“A”) whose course of conduct—
(a) Amounts to stalking, and
(b) Either-
(i) causes another (“B”) to fear, on at least two occasions, that violence will be used against B, or
(ii) causes B serious alarm or distress which has a substantial adverse effect on B’s usual day-to-day activities,
is guilty of an offence if A knows or ought to know that A’s course of conduct will cause B so to fear on each of those occasions or (as the case may be) will cause such alarm or distress.
Q: What is the MR of the offence?
Knows or ought to know!
The perpetrator ought to know that his course of conduct will cause their victims serious alarm or distress which has a substantial adverse effect on their usual day to day activities, if a reasonable person in possession of the same information would think the course of conduct would cause B so to fear on that occasion.
Q: What does the phrase ‘substantial adverse effect on the usual day to day activities’?
It is not defined under s4A and its meaning will be a matter for the courts to determine in future case law.
Home Office guidance suggests that evidence of a substantial adverse effect caused by the stalker may include matters such as:
- Victims changing their routes to work, work patterns of employment
- Victims arranging for friends or family to pick up children from school to avoid contact with the stalker
- Victims putting in place additional security measures in their home
- Victims moving home
- Physical or mental ill health
- Victims deterioration in performance at work due to stress
- Victims stopping or changing the way they socialising
Q: Is there a defence available for aggravated stalking?
Similar defence to aggravated harassment- crime, law or reasonable protection of property. (S4A(4)).
Q: What type of offence is the simple offence of stalking?
Summary offence.
Carries a maximum sentence of 6 months.
Q: What type of offence is the aggravated form of stalking?
Triable either way.
Carries a maximum sentence of 10 years imprisonment and/or unlimited fine on indictment.
Q: Do the simple and aggravated forms of stalking have a racially or religiously aggravated form?
Both have a racially or religiously aggravated form covered by the Crime and Disorder Act with enhanced maximum sentences of 2 years or 14 years respectively.
