CASE STUDYCase Study: Successful Defence in Stalking Allegation
Background
Our client faced criminal proceedings before Northampton Magistrates’ Court following an allegation of stalking arising in the context of a difficult family separation and ongoing issues concerning contact with his children.
He was charged with one count of stalking without fear, alarm or distress, contrary to section 2A(1) and (4) of the Protection from Harassment Act 1997.
The allegations concerned a course of conduct said to include contacting his former partner by email, attending addresses connected to her friends, sending flowers and gifts, and following her.
Our client maintained his innocence and instructed Forest & Co Solicitors to represent him throughout the proceedings. As a Romanian speaker, he also required interpretation during the case.
The Challenge
The allegation arose against the background of a relationship breakdown and ongoing family proceedings concerning the children.
This created a particularly sensitive case in which the alleged conduct could not be considered in isolation from the wider circumstances. The criminal proceedings overlapped with family proceedings and bail conditions, requiring careful consideration of both the evidence and the potential wider consequences of the case.
A conviction could have had a significant impact on our client’s liberty, reputation and personal circumstances. It also risked affecting his position in the related family proceedings and future arrangements concerning contact with his children.
The defence therefore needed to carefully examine whether the conduct relied upon by the prosecution was capable of establishing the stalking offence alleged.
Our Approach
Our team took detailed instructions from the client and conducted a careful review of the prosecution evidence and the alleged course of conduct.
We prepared the client’s proof of evidence, considered the disclosure position, prepared detailed instructions to counsel and liaised with the prosecution and the court throughout the proceedings.
A central part of the defence strategy was placing the alleged conduct in its proper context.
We maintained that our client’s actions were connected to concerns regarding his children and attempts to obtain information during a difficult family separation, rather than an intention to intimidate or harass his former partner.
The defence therefore focused on whether the prosecution evidence was capable of establishing the necessary elements of the stalking allegation and whether the alleged conduct, when properly considered in context, amounted to the criminal offence charged.
Close coordination between our solicitors, counsel and the client ensured that the defence was thoroughly prepared and clearly focused ahead of trial.
The Outcome
The trial took place at Northampton Magistrates’ Court on 11 March 2026, with our client maintaining his not guilty plea.
Following the presentation of the prosecution evidence, a submission of no case to answer was made on our client’s behalf.
The court accepted the submission and our client was acquitted without the defence being required to call evidence.
The outcome avoided a criminal conviction and substantially protected our client’s position in the related family proceedings, allowing matters concerning his children to continue through the appropriate legal channels without the additional burden of a criminal conviction.
Although our client was acquitted, the court imposed a restraining order on acquittal. Our client was therefore required to continue complying with the restrictions concerning contact with the complainant, subject to the appropriate arrangements and legal channels concerning the children.
Key Takeaway
Allegations of stalking and harassment arising in the context of relationship breakdowns can involve complex factual and legal issues, particularly where criminal proceedings overlap with ongoing family disputes.
An effective defence requires more than simply denying an allegation. It may require careful examination of the alleged course of conduct, the surrounding circumstances and whether the prosecution evidence is capable of establishing each element of the offence.
In this case, detailed preparation, careful analysis of the prosecution evidence and focused advocacy at trial resulted in a successful no case to answer submission and our client’s acquittal without the defence needing to call evidence.
Every case will depend on its individual circumstances, but obtaining specialist criminal defence advice at an early stage can be crucial in ensuring that the evidence is properly tested and the strongest possible defence is advanced.
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Case Study: Successful Defence in Stalking Allegation
Background
Our client faced criminal proceedings before Northampton Magistrates’ Court following an allegation of stalking arising in the context of a difficult family separation and ongoing issues concerning contact with his children.
He was charged with one count of stalking without fear, alarm or distress, contrary to section 2A(1) and (4) of the Protection from Harassment Act 1997.
The allegations concerned a course of conduct said to include contacting his former partner by email, attending addresses connected to her friends, sending flowers and gifts, and following her.
Our client maintained his innocence and instructed Forest & Co Solicitors to represent him throughout the proceedings. As a Romanian speaker, he also required interpretation during the case.
The Challenge
The allegation arose against the background of a relationship breakdown and ongoing family proceedings concerning the children.
This created a particularly sensitive case in which the alleged conduct could not be considered in isolation from the wider circumstances. The criminal proceedings overlapped with family proceedings and bail conditions, requiring careful consideration of both the evidence and the potential wider consequences of the case.
A conviction could have had a significant impact on our client’s liberty, reputation and personal circumstances. It also risked affecting his position in the related family proceedings and future arrangements concerning contact with his children.
The defence therefore needed to carefully examine whether the conduct relied upon by the prosecution was capable of establishing the stalking offence alleged.
Our Approach
Our team took detailed instructions from the client and conducted a careful review of the prosecution evidence and the alleged course of conduct.
We prepared the client’s proof of evidence, considered the disclosure position, prepared detailed instructions to counsel and liaised with the prosecution and the court throughout the proceedings.
A central part of the defence strategy was placing the alleged conduct in its proper context.
We maintained that our client’s actions were connected to concerns regarding his children and attempts to obtain information during a difficult family separation, rather than an intention to intimidate or harass his former partner.
The defence therefore focused on whether the prosecution evidence was capable of establishing the necessary elements of the stalking allegation and whether the alleged conduct, when properly considered in context, amounted to the criminal offence charged.
Close coordination between our solicitors, counsel and the client ensured that the defence was thoroughly prepared and clearly focused ahead of trial.
The Outcome
The trial took place at Northampton Magistrates’ Court on 11 March 2026, with our client maintaining his not guilty plea.
Following the presentation of the prosecution evidence, a submission of no case to answer was made on our client’s behalf.
The court accepted the submission and our client was acquitted without the defence being required to call evidence.
The outcome avoided a criminal conviction and substantially protected our client’s position in the related family proceedings, allowing matters concerning his children to continue through the appropriate legal channels without the additional burden of a criminal conviction.
Although our client was acquitted, the court imposed a restraining order on acquittal. Our client was therefore required to continue complying with the restrictions concerning contact with the complainant, subject to the appropriate arrangements and legal channels concerning the children.
Key Takeaway
Allegations of stalking and harassment arising in the context of relationship breakdowns can involve complex factual and legal issues, particularly where criminal proceedings overlap with ongoing family disputes.
An effective defence requires more than simply denying an allegation. It may require careful examination of the alleged course of conduct, the surrounding circumstances and whether the prosecution evidence is capable of establishing each element of the offence.
In this case, detailed preparation, careful analysis of the prosecution evidence and focused advocacy at trial resulted in a successful no case to answer submission and our client’s acquittal without the defence needing to call evidence.
Every case will depend on its individual circumstances, but obtaining specialist criminal defence advice at an early stage can be crucial in ensuring that the evidence is properly tested and the strongest possible defence is advanced.
Need advice on a similar matter?
Speak to our team for clear, practical legal advice.
