Stalking And Harassment Prosecutions
🔹 What is Stalking?
Stalking involves repeated, unwanted attention or conduct that causes fear or distress to the victim. It’s usually a pattern of behaviour rather than a single incident.
🔹 What is Harassment?
Harassment covers a wider range of behaviour that causes alarm, distress, or puts someone in fear. It can be a one-time or repeated act but must meet legal criteria for causing harm or alarm.
Relevant UK Legislation:
Protection from Harassment Act 1997
Criminal Justice and Public Order Act 1994
Serious Crime Act 2015 (sections on stalking offences)
Malicious Communications Act 1988 (where communications are involved)
🔹 1. R v. Curtis [2010] EWCA Crim 1436
Facts:
Curtis repeatedly followed and sent threatening messages to his ex-partner, causing her severe distress.
Legal Issue:
Whether Curtis’s repeated conduct amounted to harassment under the Protection from Harassment Act.
Judgment:
The court upheld the conviction, holding that repeated acts causing alarm or distress constitute harassment, even without physical contact.
Principle:
➡ Harassment includes repeated non-physical acts causing distress or fear.
🔹 2. R v. Ireland [1997] UKHL 6
Facts:
The defendant made numerous silent phone calls causing psychological harm.
Legal Issue:
Whether silent phone calls can amount to harassment.
Judgment:
The House of Lords ruled silent calls can amount to harassment if they cause distress or fear.
Principle:
➡ Harassment includes psychological harm from repeated unwanted communications.
🔹 3. Majrowski v. Guy’s and St Thomas’ NHS Trust [2006] UKHL 34
Facts:
The case concerned workplace harassment and bullying.
Legal Issue:
Can harassment occur in an employment context under civil law?
Judgment:
Confirmed that harassment can be both a criminal and civil wrong, and employers may be vicariously liable.
Principle:
➡ Harassment law applies broadly, including workplaces.
🔹 4. DPP v. Collins [2006] EWCA Crim 3510
Facts:
Collins engaged in behaviour that caused the victim to fear violence.
Legal Issue:
Is causing fear of violence sufficient for stalking conviction?
Judgment:
Court held that stalking can be proven by conduct causing fear of violence or serious alarm/distress.
Principle:
➡ Fear of violence is key to stalking offences.
🔹 5. R v. Blake [2014] EWCA Crim 184
Facts:
Blake repeatedly followed and contacted a woman after a brief relationship.
Legal Issue:
Whether Blake’s conduct amounted to stalking involving fear or distress.
Judgment:
The court reaffirmed that repeated conduct causing fear or distress constitutes stalking, even if no physical harm occurs.
Principle:
➡ Stalking focuses on repeated behaviour causing fear or distress.
🔹 6. R v. Burstow [1997] UKHL 34
Facts:
The defendant harassed a woman through threatening calls and letters, causing serious psychiatric injury.
Legal Issue:
Whether severe psychological harm can amount to bodily harm in stalking/harassment.
Judgment:
Confirmed that serious psychiatric injury caused by harassment is sufficient for bodily harm charges.
Principle:
➡ Psychological injury is recognised as bodily harm in harassment cases.
🔹 7. R v. Brown (Stalking) [2018] EWCA Crim 2064
Facts:
Brown used social media to send repeated messages causing distress.
Legal Issue:
Whether electronic communications constitute stalking.
Judgment:
Court confirmed online conduct can be stalking if repeated and causing distress or fear.
Principle:
➡ Cyberstalking is prosecutable under stalking laws.
⚖️ Summary Table
| Case | Key Legal Point | Principle Established |
|---|---|---|
| R v. Curtis (2010) | Repeated conduct causing distress | Harassment includes repeated non-physical acts |
| R v. Ireland (1997) | Silent phone calls causing distress | Harassment includes psychological harm from calls |
| Majrowski (2006) | Harassment in employment context | Civil and criminal harassment laws apply broadly |
| DPP v. Collins (2006) | Fear of violence key for stalking | Stalking involves fear of violence or alarm/distress |
| R v. Blake (2014) | Repeated following/contact | Repeated conduct causing fear/distress is stalking |
| R v. Burstow (1997) | Psychological injury counts as bodily harm | Psychological injury recognised in stalking/harassment |
| R v. Brown (2018) | Online conduct as stalking | Cyberstalking is prosecutable |
🧠 Quick Check Questions
Can silent phone calls amount to harassment? Why? (Hint: R v. Ireland)
What mental or emotional harm is required to prove harassment?
How do courts treat online or electronic communications in stalking cases?
Can harassment cause bodily harm? How is this defined legally?
What distinguishes stalking from general harassment?
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