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<p>The stalking offences under the Protection from Harassment Act 1997, sections 2A
(stalking) and 4A (stalking involving fear of violence or serious alarm or distress),
have been available from 25 November 2012. The two stalking offences provide further
options for prosecutors when considering charges relating to harassing behaviour.
The section 2A offence has a maximum penalty of six months’ imprisonment and/or a
fine, and the section 4A offence has a maximum penalty of 5 years’ imprisonment.</p><p>
</p><p>A court dealing with a person convicted of any offence, including those under
sections 2, 2A, 4 or 4A of the Protection from Harassment Act 1997, may make a restraining
order prohibiting the defendant from doing anything described in the order. This order
can be made in addition to a custodial sentence or other sentence. The order can be
especially useful in preventing continued stalking and harassment by defendants, including
those who are given sentences of imprisonment. Breach of a restraining order has a
maximum penalty of five years’ imprisonment.</p><p> </p><p>Sentencing in individual
cases is entirely a matter for our independent courts, taking account of all the circumstances
of each case.</p><p> </p><p>The number of restraining orders issued at all courts
and those found guilty of breach of a restraining order under the Protection of Harassment
Act 1997 in England and Wales from 2011 to 2013 (latest available) can be viewed in
table 1.</p><p> </p><p>The number of defendants proceeded against at magistrates'
court, found guilty and sentenced at all courts, with sentencing breakdown, for selected
offences under the Protection from Harassment Act 1997, in England & Wales, from
2012 to 2013, can be viewed in table 2. The Ministry of Justice does not hold figures
on cases not yet dealt with.</p><p> </p>
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