Get ahead of the allegations
Stalking and harassment are very closely related offences. There are subtle differences that aren’t important here but you can read about them below.
Allegations often arise when relationships end but can appear in any highly charged and emotional situation, for example:
There is nearly always a dispute about what was said and what happened. Importantly, there is always disagreement about what motivated comments, actions, and behaviours. It is common to see a complainant interpreting everything and anything you might do negatively.
What they see as persistent unwanted contact may feel very differently to you. Careful analysis of the evidence is therefore essential from the outset.
Speak to a specialist defence solicitor today
Police Investigations
Police – and non-police investigators – will ask the complainant to complete a diary setting out the behaviours to which they object. This may include social media posts, call records, CCTV footage, as well as emails and phone messages. In addition, police will use their powers to seize mobile phones from suspects so they can look for additional evidence.
By the time an allegation reaches you, investigators will often have already gathered evidence and formed preliminary views about the case. Decisions made during the earliest stages of an investigation can have a significant impact on what happens next.
In appropriate cases, early representations to the police may help prevent matters from progressing unnecessarily.
Evidence may include:
Harassment offences generally involve allegations that a person has engaged in a course of conduct which causes another person alarm or distress.
The conduct alleged can take many forms, including:
Not every disagreement or repeated communication amounts to harassment. The surrounding circumstances, intention and overall context of the alleged behaviour are often central to the case.
We regularly represent clients facing harassment allegations arising from complex personal, family and professional circumstances. We can help.
Stalking is generally regarded as a more serious form of conduct involving persistent behaviour directed towards another individual.
Allegations may involve claims of:
The distinction between harassment and stalking is not always straightforward. In many cases, allegations are based on interpretation rather than clear evidence of criminal conduct.
Our role is to examine the evidence carefully, identify weaknesses in the prosecution case and ensure that all relevant context is properly presented.
Every case is different, but common issues arising in harassment and stalking prosecutions include:
A successful defence often depends upon detailed analysis of messages, call records, digital evidence and the wider history between the parties.
We approach every case strategically, identifying the strongest points at an early stage and building a defence tailored to the particular facts.
Police - and other organisations - increasingly make use of Stalking Protection Orders, which can impose significant restrictions even where criminal proceedings have not resulted in a conviction.
These orders may restrict your contact with individuals, your use of social media, your right to attend named locations, your use of the internet, and even your right to possess and use electronic devices such as computers and mobile telephones.
These are civil court orders made by the criminal courts. As a result, the standard of proof required by the police is much lower than the standard that would be required at a criminal trial. You do not need to be convicted of a crime for a court to make a Stalking Prevention Order against you.
Breach of a Stalking Protection Order is a criminal offence carrying potentially serious consequences, including a prison sentence.
If you are facing an application for a Stalking Protection Order, specialist legal representation is essential.
Representation in the Magistrates' Courts and Crown Court
Harassment and stalking allegations can be heard in either the Magistrates' Court or the Crown Court depending on the nature and seriousness of the allegations.
Our solicitors provide representation throughout every stage of the proceedings.
Throughout the process, we ensure that you understand the allegations, the available options and the strategy being adopted on your behalf.
Many people underestimate the seriousness of a harassment or stalking allegation when first contacted by the police. Decisions made during the early stages of an investigation can have a significant impact on the direction of the case.
Obtaining legal advice before attending an interview or responding to allegations allows you to make informed decisions and avoid mistakes that may later be difficult to correct.
Early intervention can often make a substantial difference to the outcome of a case.
A strategic defence from the start
From the first moment of contact, we will protect your position, challenge the evidence and build the strongest possible defence on your behalf. Our solicitors have extensive experience in criminal litigation and a relentless desire to win.
Early advice can make all the difference
Relentless representation.
Get in touch today for a confidential discussion with a specialist criminal defence solicitor