What is the difference between the s.2 and s.4 harassment offences?

Section 2 PHA 1997 is the summary offence of harassment — a course of conduct on two or more occasions which amounts to harassment and which the defendant knows, or ought to know, amounts to harassment (max 6 months imprisonment). Section 4 is the either-way offence of putting people in fear of violence, where the course of conduct causes the victim to fear, on at least two occasions, that violence will be used against them (max 10 years).

What behaviours count as acts associated with stalking?

Following a person; contacting or attempting to contact a person; monitoring a person's internet, email, or electronic communications; watching or spying on a person; interfering with a person's property; and publishing statements or material about a person.

What is a Stalking Protection Order?

A civil order that police can apply for from the magistrates' court, made on complaint or charge, where the court must be satisfied there is a risk associated with stalking. It can prohibit contacting the victim directly or indirectly and approaching or entering specified areas, and may include positive requirements such as attending a behaviour programme. Breach is a criminal offence (max 5 years).

Stalking & Harassment

Harassment and stalking offences under the Protection from Harassment Act 1997, Stalking Protection Orders, digital stalking, S-DASH risk assessment, and victim safety — an officer quick-reference cited to legislation.

Unofficial independent resource — always verify with official sources (College of Policing, your force, PFEW).

Reviewed by the BlueLineHub Editorial Team

Last reviewed: 25 August 2026 · Next review due: 25 February 2027

Reviewed by BlueLineHub Editorial

What offences and protections apply to stalking and harassment in England & Wales?

Harassment is a summary offence under section 2 of the Protection from Harassment Act 1997 (max 6 months imprisonment) — a course of conduct on two or more occasions which amounts to harassment of another person and which the defendant knows, or ought to know, amounts to harassment. Where the course of conduct causes the victim to fear, on at least two occasions, that violence will be used against them, it is the either-way offence of putting people in fear of violence under section 4 (max 10 years).

Stalking is a summary offence under section 2A (max 6 months) where the harassment amounts to stalking; where it causes fear of violence or serious alarm or distress it becomes the indictable offence under section 4A (max 10 years). Police can also apply to the magistrates' court for a civil Stalking Protection Order, breach of which is a criminal offence (max 5 years).

All operational references

A reference to the harassment and stalking offences under the Protection from Harassment Act 1997, Stalking Protection Orders, digital stalking indicators, S-DASH risk factors, and victim safety advice. It is educational reference, not tactical guidance — follow your force policy, training and current law.

Harassment and stalking offences — overview

The offences under the Protection from Harassment Act 1997 and the civil Stalking Protection Order.

Offence	Section	Classification	Maximum sentence
Harassment	s.2 PHA 1997	Summary offence	6 months imprisonment
Putting people in fear of violence	s.4 PHA 1997	Either-way offence	10 years
Stalking	s.2A PHA 1997	Summary offence	6 months imprisonment
Stalking causing fear of violence or serious alarm/distress	s.4A PHA 1997	Indictable offence	10 years imprisonment
Breach of a Stalking Protection Order	Stalking Protection Act 2019	Criminal offence	5 years

Harassment — s.2 PHA 1997

Summary offence — max 6 months imprisonment.

Elements of the offence: A course of conduct on two or more occasions which amounts to harassment of another person and which the defendant knows, or ought to know, amounts to harassment. “Course of conduct” means a pattern of behaviour, not an isolated incident.

s.4 — Putting People in Fear of Violence: Either-way offence — max 10 years. Course of conduct causing the victim to fear, on at least two occasions, that violence will be used against them.

Stalking — s.2A PHA 1997

s.2A — Stalking (summary, max 6 months): Harassment that amounts to stalking — includes acts associated with stalking such as:

Following a person
Contacting or attempting to contact a person
Monitoring a person’s internet, email, or electronic communications
Watching or spying on a person
Interfering with a person’s property
Publishing statements or material about a person

Stalking Protection Orders

Civil order applied for by police — breach is a criminal offence (max 5 years).

Application

Police can apply to the magistrates’ court for a Stalking Protection Order. Can be made on complaint or charge. The court must be satisfied there is a risk associated with stalking.

Typical Conditions

Prohibits contacting the victim directly or indirectly, approaching or entering specified areas, and may include positive requirements such as attending a behaviour programme.

Digital Stalking

Tracking apps, spyware, social media monitoring, fake accounts, AirTags. Advise victims to:

Check devices for unknown or unfamiliar apps (tracking/spyware)
Change all passwords — email, social media, banking
Enable two-factor authentication on all accounts
Check for unknown Bluetooth devices (e.g., AirTags) on belongings and vehicle
Review location-sharing settings on all devices
Report fake social media accounts to the platform

S-DASH Risk Assessment

Stalking-specific risk identification tool — key factors to assess.

Fixation on the victim or a cause
Escalation of behaviour over time
Previous violence or threats of violence
Mental health concerns
Substance abuse issues
Breach of previous orders or bail conditions

Victim Safety Advice

Vary daily routine and routes
Document every incident with dates, times, and details
Save all evidence — screenshots, voicemails, letters, gifts
Report to Paladin National Stalking Advocacy Service
Consider a Stalking Protection Order application
Inform trusted friends, family, and employer

Frequently asked

What is the difference between the s.2 and s.4 harassment offences?: Section 2 PHA 1997 is the summary offence of harassment — a course of conduct on two or more occasions which amounts to harassment and which the defendant knows, or ought to know, amounts to harassment (max 6 months imprisonment). Section 4 is the either-way offence of putting people in fear of violence, where the course of conduct causes the victim to fear, on at least two occasions, that violence will be used against them (max 10 years).
What behaviours count as acts associated with stalking?: Following a person; contacting or attempting to contact a person; monitoring a person's internet, email, or electronic communications; watching or spying on a person; interfering with a person's property; and publishing statements or material about a person.
What is a Stalking Protection Order?: A civil order that police can apply for from the magistrates' court, made on complaint or charge, where the court must be satisfied there is a risk associated with stalking. It can prohibit contacting the victim directly or indirectly and approaching or entering specified areas, and may include positive requirements such as attending a behaviour programme. Breach is a criminal offence (max 5 years).