Harassment Defence Solicitors in Southampton

“Absolutely happy to contact Leonard Solicitors LLP. Appointments made easily, reaching them fast and everything was dealt with professionally.”
Sign me up to receive tips and information on your legal services.

Criminal Defence Solicitors for Harassment Charges

If you are under investigation or have been charged with harassment, it is essential that you seek professional legal advice and representation as soon as possible. Speaking to the police, informally and under caution can later harm your defence if are not prepared and subsequently charged. Seeking legal advice does not signify your guilt, but does allow you to be informed before entering questioning.

We have a duty solicitor and other police station accredited representatives on hand 7 days a week. Call the office on 023 8023 4433 during office hours or when you are at the police station, ask for Sarah Barnard, our Criminal Defence and Duty Solicitor.

Covering Legal Expenses

Police station interviews and advice is free and is covered under our duty solicitor contract. We also provide legal aid under our contract with the Legal Aid Agency. We will explore legal aid with you if your matter progresses and are later charged with an offence. It’s important to note that not all offences are covered under legal aid and is often granted depending on your financial circumstances. Our team in the Crime Department will advise you on whether you are entitled to legal aid during your initial consultation.

General information around Harassment Charges

Harassment comes with potentially undeserved stigma from society. If you are facing prosecution for harassment or stalking, we recommend getting in touch with our expert Criminal Defence team for advice at the earliest opportunity. We can represent you at the Police Station, then advise and guide you through to Trial in Court.

Harassment occurs when a person enters “a course of conduct” towards another knowing that the contact is unwanted.

A course of conduct need only be two unwelcome contacts and it doesn’t need to be “nasty” it can be as simple as leaving flowers.

There are various levels of harassment:

  • Harassment without violence
  • Harassment with violence
  • Stalking

Which category is charged will determine which Court your case will be heard at either Magistrates or Crown Court. It will also affect what sentence you will get. Before panic sets in sentences don’t automatically mean custody, there is a range of sentencing options from community orders to custody.

What do the CPS have to prove?

For a person to be convicted for harassment, the prosecution will need to prove that the Defendant pursued a course of conduct that amounted to the harassment of another and that it was known that harassment would be caused.

The prosecution will need evidence that harassment took place, as well as evidence that proves the conduct was targeted at the individual. They will need evidence that the conduct caused the other person alarm or distress.

If you have been charged with harassment, we recommend getting legal advice quick. As a matter of fact, there are defences where you have a lawful or reasonable cause for your actions.

Appeals

If you were convicted at the Magistrates Court, your appeal will generally be made in the Crown Court. The appeal is presented to a Crown Court Judge with two Magistrates and no jury. In certain limited circumstances, an appeal from the Magistrates Court can be made to the High Court. An appeal to the Crown Court must generally be made within 21 days of the sentence. In some circumstances, this time limit can be extended.

If you were convicted at the Crown Court, your appeal is made to the Court of Appeal. An appeal to the Court of Appeal can only be pursued if you can establish that there was an error of law at the original Crown Court trial. An appeal to the Court of Appeal must generally be made within 28 days of conviction or sentence, whichever is being appealed. In some circumstances, this time limit can be extended. Where a Crown Court judge has made a sentencing error, this can be corrected by the Crown Court itself, within 56 days.

FAQ’s

I have been arrested for harassment, what happens now?

Phone us. Our team provide 24/7 cover at the Police Station. Ask for Leonard Solicitors and the Police are obliged to contact us.

If you didn’t have us at the Police Station phone for an appointment as soon as you have been charged and we will talk you through your options.

What defences are there available to me for harassment charges?

There are many defences available to the Defendant.

Section1(3) of the Protection from Harassment Act 1997 states the following:

  • (a) that it was pursued for the purpose of preventing or detecting crime,
  • (b) that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or
  • (c) that in the particular circumstances the pursuit of the course of conduct was reasonable.

For example:

If you are trying to enforce a civil debt or resolve family proceedings these are examples where the conduct may not be harassment.

FAQ’s

I have been arrested for harassment, what happens now?

Phone us. Our team provide 24/7 cover at the Police Station. Ask for Leonard Solicitors and the Police are obliged to contact us.

If you didn’t have us at the Police Station phone for an appointment as soon as you have been charged and we will talk you through your options.

What defences are there available to me for harassment charges?

There are many defences available to the Defendant.

Section1(3) of the Protection from Harassment Act 1997 states the following:

  • (a) that it was pursued for the purpose of preventing or detecting crime,
  • (b) that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or
  • (c) that in the particular circumstances the pursuit of the course of conduct was reasonable.

For example:

If you are trying to enforce a civil debt or resolve family proceedings these are examples where the conduct may not be harassment.