Stalking charges reach a record high: what the CPS’s new approach means for defendants
The Crown Prosecution Service has reported that 8,561 stalking offences were charged in England and Wales between April 2025 and March 2026—the highest annual figure recorded by the CPS. That compares with 3,350 in 2021–22. The figures were announced on 10 September 2026 alongside the first government-led national multi-agency stalking conference.
This is not a change to the legal definition of stalking, and a rise in charges does not establish guilt in any individual case. It does, however, show that the police and CPS are giving closer attention to alleged patterns of conduct, online activity and protective orders. Anyone accused of stalking or harassment should obtain legal advice early.
What is changing in practice?
The CPS says the increase is likely to reflect greater public awareness and better recognition of stalking behaviour by police and prosecutors. Its 2026–2030 Stalking Action Plan includes specialist prosecutor training, updated guidance on cyberstalking, closer work with technology experts, a review of the joint police/CPS protocol and improved case tracking.
The Government has also announced £13 million for specialist Violence Against Women and Girls Protection Order Teams across up to ten police forces. Those teams are expected to support greater use and enforcement of orders, including Stalking Protection Orders.
These measures point to more investigations being built around the overall course of conduct rather than a single message, encounter or allegation. Digital communications, location information, social-media activity, third-party records and material held on phones may therefore assume particular importance.
What must the prosecution prove?
Stalking and harassment offences are principally contained in the Protection from Harassment Act 1997. A “course of conduct” requires conduct on at least two occasions, but two incidents do not automatically amount to an offence. The court must consider their nature, context and connection.
More serious allegations may be charged where stalking causes fear of violence, or serious alarm or distress with a substantial adverse effect on the complainant’s usual day-to-day activities. That distinction matters because the available sentence and the court in which the case may be tried can differ significantly.
The CPS guidance directs prosecutors to look at the cumulative effect of alleged behaviour and to consider overlap with harassment and controlling or coercive behaviour. It also says that the incidents relied upon should be properly identified in the charge or indictment. The precise allegation, dates, communications and surrounding context must therefore be examined carefully.
Practical implications for a person accused
Early advice can be critical, including before a police interview. Do not contact a complainant directly to try to explain matters or resolve a dispute: further contact may be relied upon as another incident or may breach bail conditions or an existing order.
Preserve potentially relevant material, including complete message threads, call records, emails, photographs and account data. Do not delete or alter material. A short extract can be misleading when separated from the full conversation, while digital evidence may also raise questions about authorship, timing, context and how it was obtained.
Bail conditions and protective orders can impose extensive restrictions before any trial. Their terms must be understood and followed exactly. A defence solicitor can examine whether the alleged conduct forms the required course of conduct, whether the relevant mental element is proved, whether statutory defences arise, and whether the prosecution has disclosed material capable of assisting the defence or undermining its case.
The record charging figure signals increased enforcement, not any relaxation of the prosecution’s burden. Every allegation must still be proved on admissible evidence so that the court is sure.
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Authoritative sources
Author: Peter Bonner & Co Criminal Defence Team
This article is for general information only and does not constitute legal advice. The law and procedure may change, and each case depends on its own facts. If you are under investigation or face proceedings, obtain advice about your particular circumstances.