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.
Are you being harassed? Understand your rights under the Protection from Harassment Act, how to identify illegal conduct, and the civil and criminal remedies available to stop it.
Harassment under English and Welsh law refers to a pattern of behaviour that causes another person alarm, distress or fear, and which is persistent or repeated rather than a single isolated incident. The core legal framework for criminal harassment is found in the Protection from Harassment Act 1997, supported by related public order legislation such as the Public Order Act 1986. Harassment can also give rise to civil claims for damages and injunctions intended to prevent further conduct.
This comprehensive guide explains how harassment is defined, the legal tests that apply, important legal processes, available remedies, and practical context for both victims and those accused of harassment.
Introduction to Harassment Law
Harassment laws exist to protect individuals and groups from persistent unwanted conduct that causes harm or distress. Unlike one‑off disputes or minor disagreements, harassment typically involves a “course of conduct” that is repeated over time and objectively unreasonable.
There are both criminal and civil aspects to harassment:
- Criminal offences can lead to prosecution, penalties and restraining orders.
- Civil claims allow victims to seek damages and injunctions to prevent further harassment.
Legal Definition of Harassment
Protection from Harassment Act 1997
The key statute in harassment law is the Protection from Harassment Act 1997. Under section 1, the law prohibits a person from pursuing:
- A course of conduct;
- Which amounts to harassment of another;
- And which the person knows or ought to know amounts to harassment.
A course of conduct normally involves behaviour on at least two occasions directed at the same individual, or at a group of people such that taken together it amounts to harassment. This prevents evasion by targeting different members of a group in separate incidents.
Harassment in this context includes actions that alarm or distress the victim and can include physical behaviour, verbal conduct, written communications, emails, social media posts, repeated calls or unwanted visits.
Criminal Harassment Offences
Basic Offence of Harassment (Section 2)
Under section 2 of the Protection from Harassment Act 1997, it is a criminal offence to pursue a course of conduct that meets the statutory definition. A person guilty of this offence may be liable, on summary conviction:
- To imprisonment for up to six months;
- To a fine up to level 5 on the standard scale (unlimited fine in practice for more serious cases);
- Or both.
The offence requires proof beyond reasonable doubt that the defendant pursued a course of conduct amounting to harassment and that they knew or ought to have known it was harassment.
More Serious Harassment: Fear of Violence (Section 4)
Section 4 of the 1997 Act creates an aggravated offence where the course of conduct causes the victim to fear that violence will be used against them on at least two occasions. Convictions for this more serious form can result in higher penalties when heard on indictment in the Crown Court.
Stalking and Related Offences (Sections 2A and 4A)
Amendments introduced by later Acts (including the Protection of Freedoms Act 2012) added specific offences of stalking and stalking involving fear of violence or serious alarm or distress. These apply where the harassment includes conduct closely associated with stalking behaviour, such as repeated monitoring, contact, following or interference with a person's property.
Harassment Under Public Order Law
In addition to the Protection from Harassment Act, sections of the Public Order Act 1986 create separate criminal offences for conduct involving threatening, abusive or disorderly behaviour that causes harassment, alarm or distress. These include:
- Section 4A – intentional harassment, alarm or distress;
- Section 5 – conduct likely to cause harassment, alarm or distress.
These public order offences differ in scope and application from the Protection from Harassment Act, as they can be committed by isolated acts and focus on single incidents in public places or online if the conduct has the effect of causing harassment.
Civil Remedies for Harassment
The Protection from Harassment Act also provides civil remedies. Under section 3, a victim of harassment may:
- Apply for an injunction to restrain the respondent from further conduct that amounts to harassment;
- Seek damages for anxiety and financial loss caused by the harassment.
If a court grants an injunction and it is subsequently breached without reasonable excuse, that breach constitutes a criminal offence punishable by imprisonment or fine.
How Cases Are Prosecuted
Criminal Proceedings
Police and the Crown Prosecution Service (CPS) assess evidence to determine whether to charge a person with a harassment offence. Prosecutors apply public interest tests and consider whether the evidence demonstrates a course of conduct known or reasonably expected to be harassment.
Cases under the Protection from Harassment Act may be heard in magistrates' courts (for less serious matters) or the Crown Court (for aggravated offences). The court will consider evidence such as communications, witness testimony and patterns of behaviour over time.
Civil Claims
A victim may choose to pursue a civil claim instead of, or alongside, criminal proceedings. Civil claims operate on the balance of probabilities standard and can lead to injunctions and compensation awards.
Rights, Defences and Practical Considerations
Defences
Defendants may raise defences including:
- Genuine belief that they had a lawful excuse or that their conduct was reasonable in all circumstances;
- Assertion that the conduct did not reach the legal threshold of a course of conduct causing alarm or distress;
- Challenging the interpretation of communications or the context of actions.
The question of what is “reasonable” may involve considering the defendant's rights to freedom of expression and proportionality.
Impact and Enforcement
Harassment convictions can have significant consequences, including criminal records, fines, restraining orders and, in some cases, imprisonment. Civil remedies, including damages and injunctions, offer additional protection for victims whose conduct does not meet the criminal standard or where injunctions are needed to prevent further harassment.
Practical Examples
Harassment can take many forms, including:
- Repeated unwanted communication via phone, email or social media;
- Persistent following or monitoring of a person;
- Repeated verbal abuse or threats;
- Unwelcome contact from colleagues or neighbours over a period of time.
Isolated incidents of rude behaviour or occasional disagreements do not usually meet the criteria for harassment unless they form part of a persistent pattern that would alarm or distress a reasonable person.
Key Takeaways
Harassment in English and Welsh law refers to a repeated course of conduct that causes another person alarm, distress or fear, and which the perpetrator knows or ought to know constitutes harassment. The Protection from Harassment Act 1997 is the principal statute, supplemented by public order offences under the Public Order Act 1986 and amended to include specific stalking offences. Harassment can give rise to both criminal prosecution and civil claims for injunctions and damages. Understanding the legal thresholds, procedures and available remedies is essential for victims seeking protection and for those responding to allegations.
