Stalking

Question 1

S2A(3) acts or omissions which are associated with stalking

Answer 1

a) Following a person
b) Contacting, or contacting a person by any means
c) Publishing any statement or other material, relating or purporting to a person
d) Monitoring the use by a person of the internet, email or electronic communication
e) Loitering in any place (public or private)
f) Interfering with any property in possession of a person
g) Watching or spying on a person

Question 2

S2A and S4A

Answer 2

Stalking is included under S2A and S4A and does not hold any specific or different MR – as long as the D has the AR there is no need to demonstrate they had reasonable knowledge of what they were doing

Question 3

S2A

Answer 3

S2A – consists of the base offence of harassment under S2 PLUS conduct which is associated with stalking = liability under S2A and an offence of stalking

Question 4

S4A

Answer 4

S4A requires the base element of S4 (causing fear of violence) with conduct associated with stalking = liability under S4A

Allows for the added requirement that the V then suffers alarm or distress which causes an adverse effect on their day to day life

For s4A A there is not just the fear of violence, but V suffers serious harm or distress