Stalking: How to Report It and Get a Stalking Protection Order
Stalking offences under ss.2A and 4A Protection from Harassment Act 1997, how to report a stalker, and Stalking Protection Orders under the 2019 Act.
Quick answer
Stalking is a criminal offence in England and Wales under ss.2A and 4A of the Protection from Harassment Act 1997: a course of conduct amounting to harassment involving acts associated with stalking, such as following someone, repeated unwanted contact, monitoring their internet use, loitering, or watching and spying. The basic offence carries up to 51 weeks' imprisonment; stalking that causes fear of violence on at least two occasions, or serious alarm or distress with a substantial adverse effect on day-to-day activities, carries up to ten years on indictment. Call 999 in immediate danger; otherwise keep a dated log of every incident and report on 101 or online. The police can apply to a magistrates' court for a Stalking Protection Order under the Stalking Protection Act 2019 — breaching one without reasonable excuse is an offence punishable by up to five years' imprisonment. The National Stalking Helpline (0808 802 0300) gives free specialist advice.
Overview
Stalking is a specific criminal offence in England and Wales under sections 2A and 4A of the Protection from Harassment Act 1997 (inserted by the Protection of Freedoms Act 2012). A course of conduct amounts to stalking where it amounts to harassment, the acts or omissions involved are ones associated with stalking — the statute's examples include following a person, contacting or attempting to contact a person by any means, monitoring a person's use of the internet or email, loitering, interfering with property, and watching or spying — and the perpetrator knows or ought to know the conduct amounts to harassment. The basic s.2A offence carries up to 51 weeks' imprisonment on summary conviction; the aggravated s.4A offence — stalking causing fear of violence on at least two occasions, or serious alarm or distress with a substantial adverse effect on day-to-day activities — carries up to ten years' imprisonment on conviction on indictment. Since January 2020 the police can also apply to a magistrates' court for a Stalking Protection Order (SPO) under the Stalking Protection Act 2019; breaching an SPO without reasonable excuse is itself a criminal offence carrying up to five years.
Who Can Use This Process
- Someone has directed repeated, unwanted behaviour at you — stalking requires a 'course of conduct', which the police treat as behaviour happening two times or more
- The behaviour involves acts associated with stalking: following you, unwanted contact by any means, monitoring your internet or email use, loitering, interfering with your property, or watching and spying on you
- You are in England or Wales (Scotland and Northern Ireland have their own stalking legislation)
- You do not need to have suffered violence — fear of violence, or serious alarm or distress that substantially affects your day-to-day life, triggers the aggravated offence
Step-by-Step Process
Recognise the behaviour as stalking
Under s.2A of the Protection from Harassment Act 1997, a course of conduct amounts to stalking if it amounts to harassment, the acts involved are ones associated with stalking, and the person responsible knows or ought to know it amounts to harassment. The statute lists examples of acts associated with stalking: following a person; contacting, or attempting to contact, a person by any means; publishing material relating to or purporting to originate from a person; monitoring a person's use of the internet, email or other electronic communication; loitering in any place; interfering with property; and watching or spying on a person.
- The examples list is not exhaustive — apparently 'harmless' acts can qualify when they form a fixated, obsessive pattern
- Police describe stalking and harassment as similar offences involving repeated, unwanted behaviour that affects your life or daily activities — if you are unsure which it is, report it and let them classify it
Call 999 if you are in immediate danger
GOV.UK's guidance on reporting a stalker is unambiguous: call 999 if you or someone else is in immediate danger. Do not wait to gather more evidence if you feel at risk — your safety comes first. If the danger is not immediate, use the non-emergency routes in the following steps.
Keep a log and preserve every piece of evidence
Stalking is a course-of-conduct offence, so the pattern is the crime. Record every incident with the date, time, place, what happened and any witnesses. Keep unwanted messages, emails, call logs, gifts and screenshots of online activity (including URLs and usernames). Do not delete anything, however distressing — it is evidence for the police, the CPS and any Stalking Protection Order application.
- Note the effect each incident has on you — under s.4A, serious alarm or distress with a substantial adverse effect on your usual day-to-day activities (changing routes, stopping going out, moving home) is an ingredient of the aggravated offence
- Back your log and evidence up somewhere the stalker cannot access — assume shared devices and accounts are compromised
Report to the police on 101 or online
Contact the police if you're being stalked — GOV.UK states you have a right to feel safe in your home and workplace. Police advice is that if the behaviour has happened two times or more it may be a crime and you can report it; even a single incident may be a different offence and should be reported early so the police can act. Report via 101, online reporting on your force's website, or at a police station, and get a crime reference number.
- Hand over your incident log and evidence when you report — it lets officers see the course of conduct rather than one isolated event
- If you feel the response treats incidents in isolation, ask for the case to be reviewed as stalking under ss.2A/4A rather than as low-level nuisance
Ask the police about a Stalking Protection Order
Under s.1 of the Stalking Protection Act 2019, a chief officer of police may apply to a magistrates' court for a Stalking Protection Order where the defendant has carried out acts associated with stalking, poses a risk associated with stalking to another person, and there is reasonable cause to believe the order is necessary for protection. An SPO can prohibit the defendant from doing anything described in the order (contacting you, entering your street) or require them to do things (such as attending an intervention). The risk can be physical or psychological, and the acts relied on can have occurred anywhere and at any time, even before the Act commenced. Interim SPOs can be made while the full application is decided.
- You cannot apply for an SPO yourself — it is a police application, so ask the officer in charge of your case to consider one and record the request
- If the police decline, ask for the reasons in writing; a civil injunction under s.3 of the Protection from Harassment Act 1997 is an alternative route (see the harassment injunction guide)
Understand the charges the CPS can bring
The basic stalking offence (s.2A) is summary-only, punishable by up to 51 weeks' imprisonment, a level 5 fine, or both. The aggravated offence (s.4A) applies where stalking either causes someone to fear, on at least two occasions, that violence will be used against them, or causes serious alarm or distress with a substantial adverse effect on their usual day-to-day activities; it is punishable on indictment by up to ten years' imprisonment (raised from five years by the Policing and Crime Act 2017). A jury that acquits on s.4A can still convict of the lesser s.2 or s.2A offence.
- Restraining orders on conviction (or even acquittal) are available in criminal proceedings — ask the officer or CPS to seek one
- The 'reasonable person' test applies: the stalker 'ought to know' the effect of their conduct if a reasonable person with the same information would realise it
Report any breach of an SPO immediately
Under s.8 of the Stalking Protection Act 2019, a person who without reasonable excuse breaches a Stalking Protection Order or an interim order commits a criminal offence, punishable on indictment by up to 5 years' imprisonment. The court cannot deal with a breach by conditional discharge. Treat any contact or prohibited act as a breach and report it to the police at once with evidence.
Get specialist support
You do not have to manage this alone. GOV.UK signposts the National Stalking Helpline (0808 802 0300) for advice on personal safety, evidence and dealing with the police, alongside the police themselves. Victim support services can help with safety planning, advocacy through the criminal justice process, and target-hardening measures at home. Tell trusted people at work and in your building so the stalker cannot use social engineering to reach you.
- Paladin (the National Stalking Advocacy Service) can provide an independent stalking advocacy caseworker in high-risk cases
- Review your digital footprint: lock down social media, turn off location sharing, and change passwords on a device the stalker has never had access to
Costs
Important Warnings
Stalking is a course-of-conduct offence — keep evidence of every incident, including ones that seem trivial in isolation; the pattern is what makes it criminal.
Do not confront the stalker or reply to their contact — engagement can escalate risk and muddies the evidential picture.
Only the police can apply for a Stalking Protection Order. If they decline, ask for written reasons and consider a civil injunction under s.3 Protection from Harassment Act 1997 instead.
Useful Links
Frequently asked questions
- What legally counts as stalking?
- Under s.2A Protection from Harassment Act 1997, a course of conduct amounts to stalking where it amounts to harassment of a person, the acts or omissions involved are ones associated with stalking, and the perpetrator knows or ought to know it amounts to harassment. The statutory examples include following a person, contacting or attempting to contact them by any means, publishing material about them or purporting to be from them, monitoring their internet, email or other electronic communications, loitering, interfering with their property, and watching or spying on them.
- What is the difference between the s.2A and s.4A offences?
- Section 2A is the basic stalking offence, punishable on summary conviction by up to 51 weeks' imprisonment or a level 5 fine or both. Section 4A is the aggravated offence: stalking that either causes another person to fear, on at least two occasions, that violence will be used against them, or causes serious alarm or distress with a substantial adverse effect on their usual day-to-day activities. It carries up to ten years' imprisonment on conviction on indictment.
- What is a Stalking Protection Order and how do I get one?
- An SPO is a civil order under the Stalking Protection Act 2019. A chief officer of police applies to a magistrates' court where the defendant has carried out acts associated with stalking, poses a risk (physical or psychological) to another person, and the order is necessary for protection. It can prohibit the defendant from doing anything described in the order or require them to do things. You cannot apply yourself — report to the police and ask them to consider an SPO; interim orders can protect you while the application is decided.
- What happens if the stalker breaches the order?
- Breaching a Stalking Protection Order or an interim SPO without reasonable excuse is a criminal offence under s.8 of the 2019 Act, punishable on indictment by up to 5 years' imprisonment. The convicting court is not permitted to deal with it by conditional discharge. Report any breach to the police immediately with your evidence.
- Does online stalking count?
- Yes. The s.2A examples of acts associated with stalking expressly include monitoring the use by a person of the internet, email or any other form of electronic communication, and publishing statements or material relating to a person or purporting to originate from them. Cyberstalking is prosecuted under the same provisions, and an SPO can include conditions about online behaviour.
- Do I have to wait for repeated incidents before reporting?
- No. Police guidance says that behaviour happening two times or more may be a crime you can report, but a single incident may still be a different offence — and forces ask to know about unwanted behaviour as early as possible so they can act. Report early: your report starts the evidential record even if no charge follows immediately.
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