Trial of Alleged McCann Stalker and Implications of Stalking Offences

Stalking Offences: Legal Implications, Mental Health Considerations and the Importance of Early Representation

The trial of two women accused of stalking the family of missing child Madeleine McCann has once again drawn national attention to the seriousness and complexity of stalking offences – and the difficult balance courts must strike between punishment, protection and mental health considerations.

Julia Wandelt, from Poland, and Karen Spragg, from Cardiff, are accused of targeting Kate and Gerry McCann and their teenage children, including Amelie McCann, with repeated and unwanted contact across social media and in person.

Prosecutors allege that the women persistently sent messages and even visited the McCanns’ family home demanding DNA testing, claiming one of them was the missing girl.

While this particular case remains before the court, it serves as a broader reminder of how stalking and harassment offences are treated in law – and the wide-ranging implications that follow for those accused and convicted of such behaviour.

Understanding the Law on Stalking

We all have an understanding of what stalking is, but in law, it comes under the Protection from Harassment Act 1997.

In legal terms, the criminal offence is to pursue a course of conduct that amounts to harassment or causes another person to fear violence.

Amendments introduced through the Protection of Freedoms Act 2012 created specific stalking offences – recognising the unique distress, obsession and intrusion these cases can involve.

The law defines stalking broadly to include any pattern of behaviour that causes fear, alarm or distress. This may include:

• Repeated unwanted messages, calls or contact on social media;
• Turning up at someone’s home or workplace uninvited;
• Monitoring or following the victim’s movements;
• Sending unsolicited gifts, letters or emails;
• Impersonation or use of false identities to make contact.

Even where there is no direct threat of violence, the persistence and psychological harm caused can still lead to a conviction.

Courts assess not only what the accused intended, but also the effect on the victim and the reasonableness of the conduct.

Serious Legal Consequences

Stalking is a serious criminal offence that carries severe penalties.

A conviction for stalking involving fear of violence or serious alarm or distress under Section 4A of the 1997 Act can result in up to 10 years’ imprisonment and a restraining order preventing future contact.

Even less serious cases of harassment or online stalking may attract community orders, fines, or custodial sentences depending on the impact on victims and any aggravating factors such as:

• Repeated or escalating behaviour over time;
• Attempts to contact or approach victims in person;
• Involvement of vulnerable individuals or families under distress;
• Use of social media or technology to amplify contact.

Convictions for stalking can also have lasting personal and professional implications, including inclusion on the Violent and Sex Offender Register in some cases, restrictions on internet use, and reputational damage that may persist long after any sentence is served.

Mental Health and Mitigation

Stalking cases often involve complex psychological or emotional factors, including obsessive behaviour, delusional beliefs, or difficulties distinguishing reality from fantasy.

In some cases, defendants may not fully comprehend the distress caused, particularly where mental illness, personality disorder or substance misuse plays a role.

Court proceedings must therefore carefully consider whether conduct was driven by intent to harass or by underlying mental health conditions requiring treatment.

While mental illness does not excuse offending, it can be a powerful mitigating factor affecting culpability and sentence.

Defence solicitors frequently work with psychiatrists or forensic psychologists to obtain reports assessing an accused person’s mental state, capacity, and level of insight.

Where appropriate, courts may impose hospital orders, suspended sentences with treatment conditions, or other alternatives to immediate custody – particularly where rehabilitation is more appropriate than punishment.

The Role of Social Media in Stalking

Modern stalking cases frequently involve digital communication – including social media messages, fake accounts, and online monitoring.

What may begin as online contact can escalate quickly into harassment or unwanted in-person approaches.

For defendants, the digital trail can both help and harm a case.

Posts, messages and timestamps can demonstrate obsession or persistence, but they may also reveal misunderstandings, emotional instability, or a lack of deliberate malice.

Analysing digital evidence correctly – and in full context – is essential in building a fair defence.

Defending Stalking Allegations

The ongoing McCann stalking trial highlights not only the emotional impact on victims but also the complex legal and psychological dimensions of such cases.

At Morton’s Solicitors, we recognise that allegations of stalking or harassment can be highly distressing for all involved.

The nature of these offences carry huge stigma for anyone accused and particularly where cases attract media attention or involve well-known individuals.

That is why early legal representation is vital. Effective defence may involve demonstrating:

• The absence of intent to cause fear or distress;
• Mistaken identity or lack of evidence linking communications to the accused;
• That contact was mutual or misinterpreted in context;
• The influence of mental health conditions affecting judgement or perception.

In many cases, proactive legal intervention before charge – for example, during police interviews – can prevent escalation and help clarify misunderstandings before formal prosecution.

Where cases do proceed to trial, careful presentation of psychiatric evidence and mitigation is often crucial to ensuring a proportionate outcome.

How We Can Help

If you – or someone you know – is in need of legal representation for stalking related offences– call us now on 0161 477 1121 or email us.