No Further Action Stalking Colindale Police Station 2023

We represented a businessman client who was accused of stalking and harassment by one of his business service suppliers following a dispute on fees. Our client was advised by us to give a full comment interview at the police station to deny the allegations and put forward his robust defence. We advised our client that his account and actions were reasonable and to outline his defence in detail which enabled the police to make a swift decision.

It is a defence for A to show that—

(a)A’s course of conduct was pursued for the purpose of preventing or detecting crime,

(b)A’s course of conduct was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

(c)the pursuit of A’s course of conduct was reasonable for the protection of A or another or for the protection of A’s or another’s property.

Offence of stalking

(1)A person is guilty of an offence if—

(a)the person pursues a course of conduct in breach of section 1(1), and

(b)the course of conduct amounts to stalking.

(2)For the purposes of subsection (1)(b) (and section 4A(1)(a)) a person’s course of conduct amounts to stalking of another person if—

(a)it amounts to harassment of that person,

(b)the acts or omissions involved are ones associated with stalking, and

(c)the person whose course of conduct it is knows or ought to know that the course of conduct amounts to harassment of the other person.

(3)The following are examples of acts or omissions which, in particular circumstances, are ones associated with stalking—

(a)following a person,

(b)contacting, or attempting to contact, a person by any means,

(c)publishing any statement or other material—

(i)relating or purporting to relate to a person, or

(ii)purporting to originate from a person,

(d)monitoring the use by a person of the internet, email or any other form of electronic communication,

(e)loitering in any place (whether public or private),

(f)interfering with any property in the possession of a person,

(g)watching or spying on a person.