Stalking, Harassment & Communications Offences

At DJMS solicitors, our team of expert criminal lawyers are specialists in representing clients facing charges of stalking, harassment or committing other communications-related offences. As society continues to move online, these are rapidly growing and evolving types of offences, requiring experienced legal advice and representation.

Stalking & Harassment

What constitutes stalking and harassment?

Stalking and harassment are criminal offences. They arise when you repeatedly behave in a way that makes someone else feel scared, distressed, or threatened.

Harassment

Examples of the types of behaviour that might constitute harassment include:

• Sending multiple unwanted gifts
• Bullying in the workplace
• Sending unwanted text messages
• Repeatedly taking photographs of or filming another person

Stalking

Stalking is a particularly aggressive form of harassment where the stalker is obsessed with the victim. Examples of the types of behaviour that might constitute stalking include:

• Repeatedly spying on someone
• Frequently following someone
• Consistently turning up unannounced to someone’s home
• Repeatedly hanging around in places you know the person frequents

What is the sentence for stalking and harassment?

The maximum sentence for both stalking and harassment is six months in prison. The maximum sentence for the more serious crimes of stalking or harassment that put the victim in fear of violence is ten years’ custody.

When deciding on the appropriate sentence, the Court will consider any aggravating factors, such as previous convictions, as well as any mitigating factors, like previous good character.

Are there any defences to stalking and harassment charges?

Our defence strategy will depend on the charges against you and the facts. For example, we might be able to defend the charges on the basis that your behaviour was reasonable in the circumstances.

What constitutes a communications offence?

Various acts can constitute a communications offence, including:

• Sending an indecent or grossly offensive message by letter, electronically, or through any other means
• Sending a threatening message by letter, electronically, or through any other means
• Sending a message containing information that is false or that you believe to be false by letter, electronically, or through any other means
• Sending a message that is grossly offensive, indecent, obscene, or menacing through a public electronic communications network, such as a social media platform

What is the sentence for a communications offence?

The sentence you might receive if convicted of a communications offence depends on the offence and circumstances of your case. For example, the maximum sentence for sending a grossly offensive message is two years in prison, a fine, or both.

Are there any defences to charges for communications offences?

Our approach to defending these types of offences will depend on the circumstances of your case. For example, we will examine if there is a distinction between a message that is simply offensive and one that is grossly offensive, the sending of which constitutes a criminal act. Depending on the message you sent, we may be able to defend the charges on the basis that your message, while in bad taste, was not grossly offensive.

How can DJMS help?

The repercussions of facing allegations of stalking, harassment, or communications offences can be severe in terms of your personal relationships and even your career. At DJMS, we understand the gravity of these cases and the need for urgency and discretion. When you approach us to defend you, we will go the extra mile to avoid prosecution, secure an acquittal, or encourage leniency.

All stalking, harassment, and communications offences are different, and context is key. We will carefully review the prosecution’s evidence to identify any anomalies that weaken their case whilst gathering evidence, including specialist expert evidence, from all possible sources in support of your defence.

We can assist you at every stage of your case, from before you are charged at the police station, all the way up to and including trial. Our specialist criminal defence solicitors are available to offer support and representation 24 hours a day, 7 days a week.

Get in touch with DJMS Solicitors

For more information or if you or a loved one need urgent advice and/or representation, please contact DJMS’ specialist team.