This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn how harassment cases are handled in court in England and Wales, including how offences under the Protection from Harassment Act 1997 are investigated, charged by the CPS, heard in Magistrates' or Crown Courts, and managed through plea, evidence, trial and sentencing.
Harassment - unwanted or distressing behaviour repeated over time - is recognised under English criminal law chiefly through the Protection from Harassment Act 1997, which makes it an offence to pursue a “course of conduct” amounting to harassment. A person can be charged where their behaviour has caused alarm, distress or fear of violence, and this can include online conduct, repeated unwanted contact or other conduct that amounts to a pattern of harassment.
This article provides a thorough explanation of how harassment cases are investigated, charged and presented in court in England and Wales, step by step, using clear language while maintaining legal accuracy.
Harassment in Law
Harassment in criminal law refers to repeated behaviour - on more than one occasion - that a reasonable person would regard as causing alarm or distress to another. The Protection from Harassment Act 1997 sets out the basic offence and more serious forms, including harassment involving fear of violence or causing significant distress or disruption to a person's life. There are also racially or religiously aggravated versions of these offences with higher maximum sentences.
Harassment overlaps with stalking and public order offences, and prosecutors may decide how best to frame charges to reflect the nature of the offending behaviour.
How a Harassment Case Begins
Reporting and Police Investigation
Most harassment cases start when the victim reports the behaviour to the police. Officers record statements, gather evidence such as messages, emails, call logs, CCTV and witness accounts, and assess whether there is a pattern of conduct that could amount to harassment. Investigators may use specialist guidance on recognising stalking and harassment behaviour to build the case.
In some cases, investigators handle immediate protective steps such as risk assessments, arrest if appropriate, or interim risk orders.
Charging Decision
Once sufficient evidence is collected, the police may refer the case to the Crown Prosecution Service (CPS) for charging decisions. The CPS applies the Code for Crown Prosecutors to decide whether there is a realistic prospect of conviction and whether prosecution is in the public interest. If both tests are met, the CPS authorises formal charges under the Protection from Harassment Act or related offences.
As with other minor crimes, relatively low‑level harassment might be resolved by a police caution rather than full prosecution in suitable cases.
Legal Classification and Trial Venue
Harassment offences under the Protection from Harassment Act 1997 can be tried:
- Summarily in the Magistrates' Court, where the maximum penalty is typically up to six months' imprisonment or a fine;
- On indictment in the Crown Court for more serious harassment (such as causing fear of violence) or racially/religiously aggravated harassment, where penalties can be higher.
The Magistrates' Court is usually the first court where a harassment case is listed, and it may retain the case or send it to the Crown Court based on seriousness and sentencing powers.
First Court Proceedings
Initial Hearing
When a defendant is charged, the case is generally listed for a first hearing in the Magistrates' Court. At this hearing:
- The charge is formally read to the defendant, explaining the allegations.
- The defendant confirms their identity and is asked to enter a plea - guilty, not guilty, or adjourned for legal advice.
- The court considers bail or remand. Bail conditions may include no contact with the victim or restrictions on behaviour pending trial.
If the offence is relatively minor and the defendant pleads guilty, the Magistrates' Court can proceed to sentence. If the offence is more serious or the defendant pleads not guilty, the case may be prepared for trial.
Allocation and Transfer
Harassment offences triable either way (i.e., either in magistrates or Crown Court) will be subject to allocation decisions. The court considers factors such as the seriousness of the conduct and the likely sentence when deciding whether to retain the case or send it to the Crown Court for trial or sentencing. In more serious cases - particularly where fear of violence or other aggravating factors are present - referral to the Crown Court is more common.
Case Preparation and Evidence
Once the plea is entered and the venue is set, both prosecution and defence prepare for trial:
- Disclosure: The prosecution must disclose all relevant evidence to the defence, including witness statements and any material that may affect credibility or case strength.
- Witness preparation: Victims and other witnesses may be asked to provide statements and may meet representatives of the Crown Prosecution Service Witness Care Unit.
- Legal Arguments: Defence may file legal arguments about admissibility or scope of evidence.
If the defendant pleads not guilty, the court will list a trial date and give directions for preparation. If a guilty plea is entered, sentencing may be scheduled for the same hearing or a later date to allow for reports such as a pre‑sentence report.
Trial and Verdict
At trial, the prosecution must prove the case beyond reasonable doubt. The defendant has the right to legal representation, to challenge evidence and to present a defence. In the Crown Court, a judge and jury will hear the evidence, while in the Magistrates' Court, a panel of magistrates or a District Judge will decide guilt. The victim may be called as a witness, with special measures available to support vulnerable witnesses giving evidence if necessary.
Sentencing and Orders
If a defendant is convicted of a harassment offence, the court will apply sentencing guidelines considering the seriousness of conduct, harm to the victim, culpability and any aggravating/mitigating factors. Sentences can range from fines and community orders to custody for more serious harassment involving fear of violence.
Courts may also make ancillary orders such as:
- Restraining orders to prevent future contact with the victim; these can be imposed after conviction or even on acquittal where necessary to protect a person from harassment.
- Criminal behaviour orders (CBOs), which can prohibit certain behaviours to prevent future harassment, where the court is satisfied that the offender engaged in behaviour likely to cause harassment, alarm or distress.
Breaching such orders is itself a criminal offence and can lead to further prosecution.
Practical Rights and Considerations
Victim Engagement
Victims of harassment are typically kept informed of court dates and case progress, often through a Victim Liaison Officer or Witness Care Unit. They may also be eligible for support services and special measures in court to reduce distress when giving evidence.
Time Limits for Charges
Harassment may be subject to statutory time limits when charged as a summary offence - typically within six months of the last incident - unless the offence is more serious and triable on indictment. In practice, prosecutors consider whether a fresh element of conduct brings the conduct within time.
Key Takeaways
Harassment cases in England and Wales are handled under the Protection from Harassment Act 1997 and related guidance. After a victim reports the conduct, the police investigate and may refer the case to the Crown Prosecution Service for charging decisions. If charged, the case usually begins in the Magistrates' Court, where the defendant enters a plea and early procedural matters such as bail are decided. Depending on the seriousness, the case may remain in the Magistrates' Court or be sent to the Crown Court. Both prosecution and defence prepare for trial through disclosure and case management. Convictions can lead to fines, community orders, or custodial sentences, and courts may also make restraining orders or criminal behaviour orders to protect victims and prevent further harassment.
