She could get a maximum sentence of 6 months in jail, based on the guidelinese, if she is found guilty. But her time in custody would count. If there is no violence, it is not a particularly serious offence.
Personally, I think the McCann's could have dealt with this differently and it is a waste of police and court time.
sentencingcouncil.org.uk
Harassment and stalking are classed as offences under the Protection from Harassment Act 1997 and (where the offending is racially or religiously aggravated) the Crime and Disorder Act 1998. Both offences relate to behaviour that is repeated and unwanted.
Harassment is behaviour intended to cause a person alarm or distress. The behaviour must occur on more than one occasion but it does not have the be the same kind of behaviour on each occasion. Common harassment incidents include:
- texts, voicemails, letters or emails
- comments or threats
- standing outside someone’s house or driving past it
Harassment involving putting people in fear of violence is a more serious offence. It involves two or more harassment incidents that leave the victim fearing that violence will be used against them.
Stalking involves persistently following someone. It does not necessarily mean following them in person and can include watching, spying or forcing contact with the victim through any means, including through social media.
Stalking involving fear of violence or serious alarm or distress is a more serious offence. It involves two or more occasions that have caused the victim to fear violence will be used against them or had a substantial adverse effect on their day-to-day activities, even where the fear is not explicitly of violence. Evidence that the stalking has caused this level of fear could include the victim:
- changing their route to work, work patterns or employment to avoid contact with the stalker
- putting additional home security measures in place
- moving home
- suffering physical or mental ill-health
For both harassment and stalking, the offence is more serious if it is racially or religiously motivated, that is carried out because of someone's racial or ethnic origin or their religion or lack of religion.
Sentencing
Parliament sets the maximum (and sometimes minimum) penalty for any offence. When deciding the appropriate sentence, the court must follow any relevant sentencing guidelines, unless it is not in the interests of justice to do so.
What is the maximum sentence for harassment or stalking?
If the offence is harassment or stalking:
- the maximum sentence is six months’ custody
- if racially or religiously aggravated, the maximum sentence is two years’ custody
If the offence is
harassment (putting people in fear of violence) or
stalking (involving fear of violence or serious alarm or distress):
- the maximum sentence is 10 years’ custody
- if racially or religiously aggravated, the maximum sentence is 14 years’ custody