email: info@sgkllp.com call: 020 7734 9700
We act for clients accused of stalking, harassment and coercive control. We represented a client in the first prosecution of “revenge porn” and regularly represent clients accused of these offences against their partners or celebrities.
We work closely with family law firms and understand that accusations of harassment and coercive control can be used as a weapon within family court proceedings. We understand there is a difference between harassment and the unavoidable but difficult dialogue that can be required in a family/divorce setting. Our lawyers are sensitive to the needs of clients facing criminal investigation for events arising within the family home.
We also act for complainants that are the victims of such behaviour. In some cases, we are able to write cease and desist letters to try and avert future problems whilst also avoiding police involvement; in others, we are asked to seek to persuade the police to take action and bring charges.
Due to the limitations of public funding (Legal Aid) we take on only a limited number of cases of this nature on a public funded basis.
How we can help
We can represent you wherever you are based, whether it be in the UK or overseas. We support our clients through every stage of the criminal justice process, including:
For more information on any of the above click here, or if you have been requested to attend an interview or have notification of court proceedings, please contact us today.
The law of Harassment, Stalking and Coercive Control
Stalking or harassment offences can be found in sections 2, 2A, 4 and 4A of the Protection from Harassment Act 1997
Harassment (No Violence) - Section 2 the Protection from Harassment Act 1997
The prosecution must prove that a person
Harassment
Involves causing the person(s) alarm or distress.
Course of conduct
Must involve in relation to a single person, conduct on at least two occasions in relation to that person, or to two or more persons, conduct on at least one occasion in relation to each of those persons.
Conduct can include speech.
Harassment (Fear of violence) - Section 4 the Protection from Harassment Act 1997
Stalking (No Violence)- Section 2A the Protection from Harassment Act 1997
Stalking
Conduct amounts stalking of another person if:
Acts or omissions include following, contact or attempting to contact, publishing material relating to our purporting to relate to or originating form a person, monitoring the use by a person of the internet, email or other electronic communication, loitering in any place, interfering with any property in the possession of a person, watching or spying on a person.
Stalking (Fear of violence) - Section 4A the Protection from Harassment Act 1997
Coercive control - Section 76 Serious Crime Act 2015
Coercive control is considered to be a continuous pattern of behaviour which is intended to exert power or control over a person. These behaviours deprive a person of their independence and can make them feel isolated or scared. This can have a serious impact on a person’s day-to-day life and wellbeing.
Section 76 Serious Crime Act 2015 created the offence of controlling or coercive behaviour in an intimate or family relationship.
An offence is committed by a suspect (“A”) against a victim (“B”) if:
These behaviours can include:
Harassment and Stalking www.sentencingcouncil.org.uk/outlines/harassment-and-stalking
Controlling or Coercive Behaviour www.sentencingcouncil.org.uk/offences/magistrates-court/item/controlling-or-coercive-behaviour-in-an-intimate-or-family-relationship
Crown Prosecution Service Guidance www.cps.gov.uk/legal-guidance/stalking-or-harassment
https://www.cps.gov.uk/legal-guidance/controlling-or-coercive-behaviour-intimate-or-family-relationship
We accept instructions on a private basis. We also conduct work funded through the Legal Aid system, however we do not take on all publicly funded cases and not all lawyers in the firm are available for this work. Please contact us to discuss private case costs and eligibility for legal aid.
Telephone: 020 7734 9700