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A person guilty of the offence of stalking is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both. Temporary Admission (works of art, collectors items and antiques for exhibition with a view to possible sale) Section 2A(3) lists examples of behaviours associated with stalking. The list is not an exhaustive list but gives an indication of the types of behaviour that may be displayed in a stalking offence. The listed behaviours are:

Temporary Admission (partial relief under Temporary Admission from duty – personal belongings of travellers who are non-UK or non- EU residents accompanied or unaccompanied (more than 10,000 euro in value)) Temporary Admission (unaccompanied personal belongings of travellers who are non-UK or non- EU residents (more than 10,000 euro in value)) Temporary Admission (means of transport - (use only where C88 requested by customs) – liable to import, VAT only - (use only where C88 requested by customs)) a constable may seize and retain anything for which a search has been authorised under subsection 2B (1). ii) does not consist of, or include, items subject to legal privilege, excluded material or special procedure material (within the meanings given by section 10, 11 and 14 of the Police and Criminal Evidence Act 1984), andTemporary Admission (diversion of goods entered to Temporary Admission for exhibition, approval, auction) Inward Processing (suspension) (Outward Processing Relief/outward processing textiles, goods imported from) Inward Processing (suspension) (goods previously entered to Inward Processing suspension in an EU member state being entered Inward Processing suspension in the UK using a EU Inward Processing authorisation) Temporary Admission (goods condition for Temporary Admission relief not met or goods not covered less than 10,000 euro – liable to import, VAT only) If on the trial on indictment of a person charged with an offence under section 4 or 4A the jury find the person not guilty of the offence charged, they may find the person guilty of an offence under sections 2 or 2A respectively.

End-use relief (military equipment imported under Regulation 150/2003 - imports by Ministry of Defence ( MOD)) Section 4A of the 1997 Act prohibits a course of conduct relating to the offence of stalking involving fear of violence or serious alarm or distress.Temporary Admission (diversion to home use of goods entered to a temporary import regime – liable to import, VAT only) Temporary Admission (goods condition for Temporary Admission relief not met or goods not covered less than 10,000 euro) The phrase ‘substantial adverse effect on the usual day-to-day activities’ is not defined in section 4A, and thus its construction will be a matter for the courts via judicial interpretation. However, the Home Office considers that evidence of a substantial adverse effect when caused by the stalker may include: Temporary Admission (entry to relief under Temporary Admission using a full, single or integrated Temporary Admission authorisation - ex Inward Processing suspension) Reimported goods ( DEFRA buoys, laboratory equipment, etc, relanded - processing other than Outward Processing Relief - VAT relief only)

The circular should be read together with the relevant provisions of the PoF Act 2012. These amendments will come into force on 25 November 2012. Temporary Admission (sports goods of travellers who are non UK or EU residents accompanied or unaccompanied (more than 10,000 euro in value) – liable to import, VAT only) Inward Processing (suspension) (IP suspension goods re-imported following processing under Outward Processing Relief simplified procedures) Temporary Admission (tests, goods subject to tests, experiments or demonstrations – liable to import, VAT only)

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Section 2 offence does not have a defence for the charge of harassment. Therefore, both section 2 and 2A will have to rely on section 1(3), which states that the prohibition on harassment does not apply to a course of conduct if the person who pursued it can demonstrate the matters set out in section 1(3)(a) or (b) or (c). The second arm of the offence prohibits a course of conduct which causes ‘serious alarm or distress’ which has a ‘substantial adverse effect on the day-to-day activities of the victim’. It is designed to recognize the serious impact that stalking may have on victims, even where an explicit fear of violence is not created by each incident of stalking behaviour. Reimported goods ( DEFRA buoys, laboratory equipment, etc, relanded - non-commercial repair, goods returned from)