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 |
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