Stalking Criminal Law
Stalking
Stalking and harassment:
2012 inquiry into Stalking Law Reform led to consideration of the effectiveness of the existing
legislation.
On 25th Nov 2012, the Gov introduced 2 new criminal offences for stalking. Section 111 of the
Protection of Freedoms Act 2012 inserted ss2A and ss4A into the Protection from Harassment Act
1997.
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Protection from Harassment Act 1997:
In Ireland v Burstow, 1998, the HL recognised that anonymous intimidation (e.g. silent
telephone calls) can cause psychiatric harm such as anxiety and depression, and fear
Harassing a person includes alarming the person, or causing them distress, but not necessarily
both (DPP v Ramsdale 2001)
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S1:
A course of conduct must involve:
o In relation to a single person, the conduct must happen on at least two occasions
o In relation to two or more people, the conduct must happen on at least one occasion in
relation to each of those persons
MR – “he knows or ought to know amounts to harassment of the other”
Conduct – includes speech
The 2 occasions in question must be part of a ‘course’ of activity:
o Kelly v DPP 2002:
Made 3 threatening phone calls
Lau v DPP 2000:
o 2 incidents occurred 4 months apart
o On first occasion, slapped her
o On second threatened her new boyfriend in her presence
Stalking
Stalking and harassment:
2012 inquiry into Stalking Law Reform led to consideration of the effectiveness of the existing
legislation.
On 25th Nov 2012, the Gov introduced 2 new criminal offences for stalking. Section 111 of the
Protection of Freedoms Act 2012 inserted ss2A and ss4A into the Protection from Harassment Act
1997.
-------------------------------------------------------------------------------------------------------------------------------------
==================================================================================
--------------------------------------------------------------------------------------------------------------------------------------
Protection from Harassment Act 1997:
In Ireland v Burstow, 1998, the HL recognised that anonymous intimidation (e.g. silent
telephone calls) can cause psychiatric harm such as anxiety and depression, and fear
Harassing a person includes alarming the person, or causing them distress, but not necessarily
both (DPP v Ramsdale 2001)
-----------------------------------------------------------------------------------------------------------------------------
S1:
A course of conduct must involve:
o In relation to a single person, the conduct must happen on at least two occasions
o In relation to two or more people, the conduct must happen on at least one occasion in
relation to each of those persons
MR – “he knows or ought to know amounts to harassment of the other”
Conduct – includes speech
The 2 occasions in question must be part of a ‘course’ of activity:
o Kelly v DPP 2002:
Made 3 threatening phone calls
Lau v DPP 2000:
o 2 incidents occurred 4 months apart
o On first occasion, slapped her
o On second threatened her new boyfriend in her presence
