This legal guidance addresses behaviour which is repeated and unwanted by the victim and which causes the victim alarm or distress.
Cases involving stalking and harassment can be difficult to prosecute, and because of their nature are likely to require sensitive handling, especially with regard to victim care.
This order can be made in addition to a custodial sentence or other sentence.
Prosecutors should note that the examples given in section 2A (3) is not an exhaustive list but an indication of the types of behaviour that may be displayed in a stalking offence.
Prosecutors should note that stalking and harassment of another or others can include a range of offences such as those under: the Protection from Harassment Act 1997; the Offences Against the Person Act 1861; the Sexual Offences Act 2003; and the Malicious Communications Act 1988.
A strong, coordinated prosecution team is required to proactively build and manage a case.
It is also important that, where appropriate, victims are able to access relevant support organisations.
Under section 32(5) of the CDA 1998, if, on the trial on indictment of a person charged with an offence falling within subsection (1)(a), the jury find him not guilty of the offence charged; they may find him guilty of either basic offence mentioned in that provision.
Under 32(6) CDA 1998 if, on the trial on indictment of a person charged with an offence falling within subsection (1)(b), the jury find him not guilty of the offence charged, they may find him guilty of an offence falling within subsection (1)(a).
Although harassment is not specifically defined in section 7(2) of the PHA, it can include repeated attempts to impose unwanted communications and contact upon a victim in a manner that could be expected to cause distress or fear in any reasonable person.
The definition of harassment was considered in Plavelil v Director of Public Prosecutions  EWHC 736 (Admin), in which it was held that the repeated making of false and malicious assertions against a doctor in connection with an investigation by the GMC could amount to a course of harassment.
Harassment of an individual can also occur when a person is harassing others connected with the individual, knowing that this behaviour will affect their victim as well as the other people that the person appears to be targeting their actions towards. Family members, friends and employees of the victim may be subjected to this.
The Protection of Freedoms Act 2012 created two new offences of stalking by inserting new sections 2A and 4A into the PHA 1997.
This is to ensure that their safety and support needs are addressed throughout the criminal case (and sometimes beyond) and to reduce the risk they face as a result of the offending.