Scotland and England stalking legislations

[manga2]

England has 2 legislations for stalking, Sections 2A (Stalking) and Section 4A (Stalking involving fear of violence or serious alarm or distress)

In Scotland there’s just section 39 which requires the victim to suffer fear or alarm on 2 occasions.

I presume someone can be charged with stalking in England without causing serious alarm or distress.

Does this mean in Scotland that someone cannot be prosecuted with just stalking unless they cause the victim serious alarm or distress?

[dslippy]

Do not forget the Pr ACt.otection from Harassment

[sederunt]

Does this mean in Scotland that someone cannot be prosecuted with just stalking unless they cause the victim serious alarm or distress?[/QUOTE]

It looks to be 'fear and alarm' rather than 'serious alarm or distress'.

[manga2]

It looks to be 'fear and alarm' rather than 'serious alarm or distress'.[/QUOTE]

Is Section 39 equivalent to Section 4A?

[Scrimlaw]

Yes you’re right. The complainer needs to suffer actual fear or alarm for the offence to be made out.

[manga2]

Yes you’re right. The complainer needs to suffer actual fear or alarm for the offence to be made out.

Thanks for the reply. So back to my original question. Please confirm if someone can you be charged in England with stalking (section 2A) without causing serious alarm or distress? If this is the case, there isn't anything equivalent to section 2A in Scotland.

[dslippy]

You write as if 'stalking' has some predefined meaning to which offences aspire. It doesn't. The English offences add up to one collection of events together making up a particular offence, and the Scottish legislation adds up just a different offence. Before these statutes nothing amounted to harassment.