Harassment (fear of violence)/ Stalking (fear of violence or serious alarm or distress)/ Racially or religiously aggravated harassment (fear of violence)/ stalking (fear of violence or serious alarm or distress)

Protection from Harassment Act 1997, s.4, s.4A, Crime and Disorder Act 1998, s.32(1)(b) · Triable either way

Sentencing framework

The guideline for harassment and stalking offences outlines a structured approach to sentencing based on culpability and harm. Offences are categorized based on their seriousness, with defined starting points and ranges. Aggravating and mitigating factors are considered to adjust the sentence, ensuring it reflects the nature of the offence and the offender's circumstances.

Maximum sentence

14 years’ custody

Court

Triable either way

Starting point

5 years’ custody (high culpability, category 1)

Offence range

Fine – 8 years’ custody

Aggravating factors

·Previous convictions
·Offence committed whilst on bail
·Using a position of trust to facilitate the offence
·Victim is particularly vulnerable
·Grossly violent or offensive material sent
·Impact of offence on others, particularly children
·Exploiting contact arrangements with a child to commit an offence
·Offence committed in a domestic abuse context
·Offence committed against those working in the public sector or providing a service to the public
·Failure to comply with current court orders
·Offence committed on licence or post-sentence supervision

Mitigating factors

·No previous convictions or no relevant/recent convictions
·Remorse
·Positive character and/or exemplary conduct
·Serious medical conditions requiring urgent, intensive or long-term treatment
·Age and/or lack of maturity
·Mental disorder or learning disability
·Sole or primary carer for dependent relatives
·Determination and/or demonstration of steps having been taken to address offending behaviour
·Pregnancy, childbirth and post-natal care
·Difficult and/or deprived background or personal circumstances
·Prospects of or in work, training or education

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

Step 1 — Determining the offence category
Step 2 — Starting point and category range
Step 3 — Aggravated offences for racially or religiously aggravated harassment/stalking offences
Step 4 — Consider reduction for assistance to prosecution
Step 5 — Reduction for guilty pleas
Step 6 — Dangerousness
Step 7 — Totality principle
Step 8 — Compensation and ancillary orders
Step 9 — Reasons
Step 10 — Consideration for time spent on bail (tagged curfew)

Guideline notes

Sentencers should consider whether to ask for psychiatric reports in order to assist in the appropriate sentencing (hospital orders, or mental health treatment requirements) of certain offenders to whom this consideration may be relevant.

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.