Giving evidence in court

If the person accused of stalking does not admit to the offence, you may be required to give evidence in court. Most cases are prosecuted by the police in the magistrates court.

The accused may be represented by a lawyer.

The maximum penalty for stalking is five or seven years jail, depending on the seriousness of the offence. The seven-year maximum applies in the most serious cases, that is where the stalker:

• used violence
• threatened to use violence
• had a weapon
• acted, or threatened to act, against a court order (such as a domestic violence protection order, Family Court restraining order) or an injunction.

These cases are sent to the District Court. If your case goes to the District Court and the accused pleads ‘not guilty’, you will have to give evidence before a judge and jury. A court dealing with a charge of stalking has the power to impose alternative penalties, such as fines, bonds, and probation.

If a person accused of stalking is found not guilty, the Judge or Magistrate hearing the matter can still issue a restraining order based on their own discretion or upon application by the prosecutor or interested person.