Harassment and stalking sentencing guidelines: what sentence will you actually get?

If you have been charged with harassment or stalking in England or Wales, the sentence depends far more on which section you are charged under than on how the messages read. The harassment sentencing guidelines cover several separate offences under the Protection from Harassment Act 1997, and there is a significant gap between them. This page sets out harassment and stalking sentencing guidelines and what actually moves the outcome.

In short: harassment without violence (Section 2) and stalking (Section 2A) are dealt with in the Magistrates' Court and carry a maximum of six months' imprisonment and/or an unlimited fine. Where the conduct puts someone in fear of violence, or causes serious alarm or distress, the charge becomes Section 4 or Section 4A, which can be heard in the Crown Court, and the maximum rises to ten years. Racially or religiously aggravated versions carry two years and fourteen years respectively.

The sentence within those brackets is set by the Sentencing Council's Intimidatory Offences guideline, which grades the offence by culpability and harm. For a first offence of harassment without violence causing no significant psychological harm, the realistic outcome is a fine or a community order rather than custody, almost always with a restraining order attached.

Harassment cases turn on whether a "course of conduct" can be made out, and that is usually decided on the messages before you are ever interviewed. Advice at the police station is free to everyone, whatever your income. Speak to a criminal defence solicitor today.

The four harassment and stalking offences

On the aggravated forms, see racially or religiously aggravated offences.

What sentence will you get for harassment without violence?

Harassment without violence is the Section 2 offence. It is a summary only offence, so it stays in the Magistrates' Court. The likely sentence for harassment without violence in the UK is, for a first offence causing no significant psychological harm, a fine or a community order. Custody is a potential outcome, but is generally reserved for persistent conduct, breach of an existing order, or a severe effect on the complainant.

The court can also impose a restraining order, which can govern contact for many years. Breaching a restraining order is also a separate criminal offence.

How the guideline grades the offence

When determining a sentence, the court assesses culpability, then harm, and then sets a starting point based on the combination of the two.

Culpability is raised by conduct intended to maximise fear or distress, persistence over a prolonged period, use of multiple methods, and involvement of others. It is reduced where the conduct was limited in scope and duration. In the case of harassment without violence, there are three categories of culpability.

Harm turns on the effect on the complainant: very serious distress, a significant change to how they live, or effects on their health sit at the top; limited distress sits at the bottom. There are three categories of harm for harassment without violence.

What moves the sentence up or down

Sentences commonly increase for previous convictions, offending on bail, breach of a restraining or non-molestation order, a domestic context, a vulnerable complainant, and involvement of children. It reduces where there is genuine remorse, no previous convictions, a mental disorder or learning disability linked to the offending, steps voluntarily taken to address behaviour, and a guilty plea at the first reasonable opportunity, which attracts up to a one-third reduction.

Harassment putting a person in fear of violence (Section 4)

Section 4 applies where the course of conduct caused the complainant to fear, on at least two occasions, that violence would be used against them. It is triable either way with a ten-year maximum custodial sentence, meaning it can be heard in the Crown Court.

The critical phrase is "fear of violence", not distress, alarm or anxiety, which belong to Section 2. Where section 4 has been charged on evidence of upset rather than fear of actual violence, that is the first thing to test.

Stalking: Sections 2A and 4A

Stalking was added to the Act in 2012. Section 2A is the summary offence, carrying the same six-month maximum as harassment without violence. Section 4A is either-way, and can be made out in two ways: where the stalking caused fear of violence, or where it caused serious alarm or distress, having a substantial adverse effect on the complainant's usual daily activities.

That second limb matters because it requires no fear of violence at all. A defendant who never threatened anyone can face a ten-year maximum if the effect on the complainant's daily life was substantial.

What is the difference between harassment and stalking?

Both harassment and stalking require a course of conduct on at least two occasions. Stalking is harassment with an additional quality: the behaviour is fixated and obsessive, and fits recognised patterns such as following, contacting or attempting to contact, monitoring someone online, loitering, interfering with property, or watching or spying.

Harassment is the wider offence, stalking the narrower one. The summary maxima are identical, so at the lower end the practical difference is the label rather than the sentence.

Related conduct is charged under different provisions: see our guides to controlling and coercive behaviour sentencing guidelines and malicious communications sentencing guidelines.

Harassment without violence: the points to prove

To convict under Section 2, the prosecution must prove a course of conduct, meaning conduct on at least two occasions, which amounted to harassment of another person, and which the defendant knew or ought to have known amounted to harassment. The test for "ought to have known" is what a reasonable person with the same information would think.

Three points are contestable more often than defendants expect. Two occasions is a minimum, and incidents far apart in time, or unconnected in type and context, may not form a course of conduct at all. The conduct must be directed at a person, so posts about someone are not automatically harassment of them. And the Act provides that conduct is not harassment where it was pursued to prevent or detect crime, or was reasonable in the particular circumstances.

Restraining orders

A restraining order may be imposed if the court deems it necessary to protect the complainant. It can prohibit contact, attendance at addresses, and mention of the complainant online. Breach is a separate either-way offence carrying up to five years. Because the terms are drafted at speed at the end of a hearing, they are frequently wider than necessary, and can be argued down at the time or varied later.

What happens after a harassment charge

1. Police interview. Under caution, usually once the complainant has provided messages or a log.
2. Bail conditions. Frequently a no-contact condition, which in domestic cases can mean leaving the family home.
3. Charge or no further action. Representations on whether a course of conduct is made out can affect the charging decision.
4. First hearing. In the Magistrates' Court, usually within weeks. Section 2 and 2A cases are often resolved here. Section 4 and 4a cases can proceed to the Crown Court.
5. Sentence. The guideline, then aggravating and mitigating factors, then plea credit, then the restraining order.

Defences to a harassment charge

The arguments that most often succeed are that there was no course of conduct, that the conduct was reasonable in the circumstances, that the defendant neither knew nor ought to have known it amounted to harassment, that it was not directed at the complainant, and that the wrong section has been charged.

Where messages have been selected from a longer exchange, obtaining the full history frequently changes how the conduct looks.

Frequently asked questions

What sentence would you get for harassment?

For harassment without violence under Section 2, a first offence with limited harm usually results in a fine or a community order, with six months' custody the maximum available. Under Section 4, the maximum rises to ten years and custody becomes far more likely.

Can you go to prison for harassment?

Yes, though not usually for a first Section 2 offence. Custody becomes considerably more likely for persistent conduct, breach of an existing restraining order, or a section 4 or 4A charge.

What behaviour is classed as harassment?

Conduct on at least two occasions, directed at a person, which a reasonable person would regard as harassment. Section 2 offences require no threats or violence: repeated unwanted messages, calls or contact can be enough.

What evidence do police need for harassment?

Usually, the complainant's account plus evidence of the conduct: messages, call logs, social media activity or witness accounts, showing at least two occasions. Whether that evidence has been provided in full or in extracts is often the whole case.

Is a restraining order automatic on a harassment conviction?

No, but it is very common, and one can be imposed even after an acquittal where the court thinks it necessary. The terms are open to argument and should not be accepted as drafted.

Contact our criminal defence lawyers today

If you are due to attend the police station, require any urgent specialist advice, or immediate representation for harassment please do not hesitate to get in touch.

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Written by Danny Parkash, crime solicitor at J D Spicer Zeb. J D Spicer Zeb is authorised and regulated by the Solicitors Regulation Authority, SRA no. 55671. This article explains the law of England and Wales and is general information, not advice on your case.

Last reviewed: 14th August 2026