Protection from Harassment Act 1997

Persistent threatening behaviour by one person against another. The Protection from Harassment Act 1997 creates two offences relating to stalking. If the harasser's behaviour makes the victim fear for his or her safety, the maximum penalty is two years' imprisonment and/or an unlimited fine. When the behaviour does not lead to a fear of violence but does cause distress, the maximum penalty is six months in prison and/or a fine not exceeding the statutory maximum. The behaviour must have taken place on more than one occasion and the prosecution must show that a reasonable person would realize that the behaviour would have the effect of causing the victim to fear violence or feel harassed (Kelly v DPP ( 2002 ) 166 JP 621). Both offences are immediately arrestable without a warrant, and the police have power to search the harasser's property. The courts may make a restraining order immediately after convicting a person of either of the two offences. In Scotland the common law has always provided protection against stalking through the offence of breach of the peace. Stalking first attracted widespread public concern when a young actress named Rebecca Shaeffer, who was living in California, was shot to death by an obsessed fan who had stalked her for two years.