Harassment and Stalking

The Criminal Justice (Miscellaneous Provisions) Act 2023 introduced a new offence of stalking and reformed the existing offence of harassment. This article examines both offences asking whether they cover all the conduct that they target, whether they should cover all such conduct and whether the offences will require refinement in the appellate courts. The article draws out numerous features of both offences that may require the attention of the courts to include whether harassment may be committed by omission, whether there is a de minimis standard for harassment and whether a single incident may constitute stalking. There are good reasons for both offences. Yet it is one thing to make a successful case for criminalisation and quite another to draft a criminal offence effectively.