Last reviewed: September 2026
The legal framework
Harassment and stalking offences are principally found in the Protection from Harassment Act 1997, as amended. The statutory scheme distinguishes between harassment, stalking and more serious forms involving fear of violence or serious alarm or distress. The precise offence alleged matters because the prosecution must prove its particular elements.
Stalking Protection Orders arise under separate legislation and can be sought as protective orders even though they are not themselves a criminal conviction. Breach of an order can carry criminal consequences. A person facing both a criminal investigation and protective-order proceedings needs the two tracks considered together because evidence and concessions in one process may affect the other.
What is a “course of conduct”?
Harassment and stalking allegations commonly depend on a course of conduct rather than one isolated event. That makes chronology critical. The defence should identify each incident relied upon, when it happened, what actually occurred, how it is proved and whether the prosecution presentation fairly reflects the sequence as a whole.
A schedule that simply lists allegations can create a misleading impression if it omits ordinary communications, reconciliation, mutual contact, practical arrangements or other events that explain why contact occurred. The defence chronology should therefore be built from objective material where possible, not memory alone.
Messages and digital communications
Text messages, WhatsApp, social media, email and call records often form the centre of these cases. Screenshots should be treated carefully. They may omit earlier or later messages, fail to show who initiated contact, or exclude communications on another platform. Full exports or device downloads can provide a more reliable picture where available.
The prosecution may rely on frequency, tone, repeated contact or attempts to communicate after a relationship ended. The defence should consider not only what was sent but why, what response followed, whether contact was mutual and whether there were legitimate reasons such as child arrangements, property, finances or work.
Location, attendance and alleged following
Allegations can involve attending a workplace, home, social venue or another location associated with the complainant. The legal and factual question is not answered by presence alone. The defence should establish how the location was chosen, whether attendance was expected or coincidental, whether there was prior communication, and what happened when the parties encountered each other.
CCTV, doorbell footage, vehicle data, receipts, work records, phone location material and independent witnesses can be important when the accounts differ.
Relationships and context
Many stalking and harassment cases arise after a relationship or friendship deteriorates. That does not make the allegation true or false. It does mean that context can be unusually important. The defence may need to understand the relationship history, prior communication patterns, separation arrangements, child contact, property disputes or other reasons the parties remained in contact.
The defence should avoid reducing the case to competing character attacks. Objective evidence, chronology and legal relevance are usually more persuasive than broad allegations about personality.
Police interview
Interview disclosure may contain only a summary of the alleged course of conduct. Before answering detailed questions, the defence should understand the time period, incidents, digital material and any specific conduct the police say amounts to stalking or harassment. Where a client has relevant messages, recordings or documents, their existence should be considered as part of interview strategy and evidence preservation.
A client should not delete messages, accounts or recordings simply because they are upsetting or embarrassing. Potential evidence should be preserved and discussed with the solicitor.
Pre-charge bail and non-contact conditions
Stalking and harassment investigations frequently involve pre-charge bail or release conditions restricting contact. A breach can create further problems even where the original allegation is disputed. Conditions should be read literally and complied with unless formally varied or removed.
If a condition creates a genuine practical difficulty—such as child arrangements, employment or property access—the proper route is to seek advice about variation, not to test the boundary informally. Contact through friends, family, social media or indirect messages may still create risk depending on the wording and circumstances.
Stalking Protection Orders
A Stalking Protection Order can impose prohibitions or requirements intended to protect another person. The proceedings can involve evidence about conduct and risk even when a criminal prosecution has not concluded. Proposed terms should be examined carefully because an order can significantly restrict ordinary life and breach can be a criminal offence.
Where order proceedings run alongside a police investigation, the defence strategy should be coordinated. Statements, admissions or factual positions taken in one forum may be relevant elsewhere.
Restraining orders
Criminal courts have powers concerning restraining orders in appropriate cases. The proposed terms matter. An order may affect residence, communication, family arrangements, work or travel. If an order is made, the client must understand exactly what it prohibits and how long it applies. Variation or discharge involves a formal legal process.
Evidence from witnesses
Friends, family, colleagues or neighbours may have seen relevant incidents, the parties’ interactions or the practical reason for contact. A useful witness statement should identify what the witness personally saw or heard. Hearsay about what someone else was told may have different evidential value and should be distinguished from direct observation.
Doorbell cameras, CCTV and recordings
Time-limited recordings can disappear quickly. If CCTV, Ring footage, workplace video, dashcam or an audio recording may assist, it should be identified and preserved as early as possible. The defence should record what material exists, who controls it and the relevant time period. Where police have seized a device or recording, its continuity and disclosure status may need to be followed up.
When allegations overlap with domestic abuse or coercive control
A stalking allegation may be investigated alongside assault, controlling or coercive behaviour, malicious communications or other offences. Each offence has its own legal elements. The case should be analysed allegation by allegation and then as a whole to identify where evidence genuinely overlaps and where separate assertions have been combined.
Pre-charge representations
Where the evidence is incomplete or there is significant material undermining the allegation, pre-charge representations may be appropriate. A useful representation can include a chronology, relevant message extracts, independent witness evidence, recordings, proof of the reason for contact, legal submissions and focused requests for outstanding lines of enquiry.
The purpose is not to overwhelm the investigator. It is to identify the evidence or legal point capable of changing the charging decision.
Court proceedings and trial
If charged, the defence will need to identify precisely which incidents make up the alleged course of conduct and how each is proved. Cross-examination should be driven by the evidence and disputed issues. Digital schedules, maps, communication timelines and agreed facts can help the court understand a long chronology.
Funding
Theodorous holds a Legal Aid Agency criminal contract and can advise on public funding where available. We also undertake privately funded stalking and harassment work, including investigation-stage strategy, witness statements, digital review, bail representations and written pre-charge submissions.
Frequently asked questions
Can one message amount to stalking?
Stalking and harassment offences commonly depend on a course of conduct, but the legal analysis depends on the specific allegation and offence. One event can also be relevant to other offences.
Can I contact the complainant if they contact me first?
If you are subject to a bail condition or court order, comply with its wording. The other person initiating contact does not automatically suspend a legal restriction.
Should I send police screenshots from my phone?
Take legal advice before selectively providing material. The complete context and preservation of the original data can be important.
Can you oppose a bail extension or restrictive conditions?
Representations may be possible depending on the legal basis, stage of the investigation and facts. We regularly advise on investigation-stage bail issues.