Understanding the Law on Stalking
Stalking is a serious criminal offence under English law, and it is addressed by the Protection from Harassment Act 1997, which was further strengthened by the Protection of Freedoms Act 2012. Stalking involves a pattern of behaviour that causes distress, fear, or alarm to the victim. These actions could range from unwanted communication, following, harassment via social media, or other forms of persistent behaviour that make the victim feel unsafe. The offence is particularly serious because it often involves long-term harassment and psychological harm.
At Allen Hoole Solicitors, we have extens0ive experience in representing individuals charged with stalking offences. These cases can be highly complex, often involving vast amounts of digital evidence such as phone records, emails, messages, and social media activity. Our firm’s size and expertise provide us with the resources and skills necessary to navigate these challenging cases.
The Law of Stalking
Under the Protection from Harassment Act 1997, stalking is defined as a course of conduct that involves:
- Repeated or persistent behaviour that amounts to harassment.
- The behaviour causes the victim to feel fear, alarm, or distress.
- Examples include following, contacting the victim, monitoring their online activity, or engaging in behaviour that intrudes on their life.
The Protection of Freedoms Act 2012 introduced new stalking-specific offences, recognising stalking as a unique form of harassment. Penalties can include imprisonment, fines, and restraining orders that restrict the defendant’s ability to contact or approach the victim.
Defending Stalking Charges
Given the seriousness of stalking charges, it is critical for individuals facing these allegations to have expert legal representation. At Allen Hoole Solicitors, we take a comprehensive approach to defending these cases, focusing on challenging the evidence and ensuring that every aspect of the case is fully explored.
Evidential Challenges
Stalking cases often rely on a substantial amount of digital evidence, including phone records, social media posts, emails, and text messages. We work closely with leading digital forensic experts who can assist in analysing phone downloads, message histories, and any other relevant electronic data. This forensic analysis is essential in determining whether the defendant’s behaviour meets the legal criteria for stalking, and it can be used to challenge the authenticity and reliability of the prosecution’s evidence.
Procedural and Legal Irregularities
In many cases, we identify legal or procedural issues that can weaken the prosecution’s case. This could involve breaches in the collection of digital evidence or failures in following correct legal processes. Our experience in handling complex stalking cases allows us to spot these issues early and request that the charges be discontinued if there is a breach in legal protocol or significant non-disclosure by the police.
The Importance of Digital Evidence
Given the nature of modern communication, much of the evidence in stalking cases is digital. This includes:
- Phone records: Calls, texts, and location data.
- Social media activity: Posts, messages, and online stalking behaviours.
- Emails and messages: Patterns of persistent unwanted communication.
At Allen Hoole, we have access to leading digital forensic experts who assist in phone downloads and data analysis. These experts can challenge the digital evidence used by the prosecution and help demonstrate if the behaviour does not meet the legal threshold for stalking or was misinterpreted.
Why Choose Allen Hoole Solicitors?
As one of the largest criminal defence firms in the South West of England, Allen Hoole Solicitors is uniquely positioned to handle stalking cases. Our team includes highly skilled solicitor advocates who regularly appear in Magistrates’ Courts and Crown Courts, representing clients in serious stalking and harassment cases.
We also work with the best specialist barristers in this area of law, ensuring that our clients receive top-tier representation. Whether your case involves complex digital evidence or intricate legal issues, our barristers and solicitors are committed to achieving the best possible outcome.
If you or someone you know is facing stalking charges, contact Allen Hoole Solicitors today. We are available 24/7 to provide expert legal advice and representation, ensuring that your case is handled with the highest level of care and expertise.