2.8 Hatred And Harassment Offences Flashcards
S18 Public Order act
Use threatening abusive or insulting word or behaviour
Or display any written material which is TAI
Intending it to stir up racial hatred
Or in regard to all circumstances racial hatred is likely to be stirred up
Defence for S18 Public order?
Inside a dwelling and had no reason to believe that the words or behaviour used or material displayed would be heard or seen by a person outside that address
S19 Public order act
Publishes it distributes written material which is TAI
And
He intends to stir up racial hatred
Or
In regards to all circumstance racial hatred is likely to be stirred up
Defence for S19 public order act
He must prove he was not away if the content of the material and did not suspect/had no reason to suspect that it was TAI
S29B Public order
Uses threatening words or behaviour or displays written material which is threatening
And
He intends to stir up religious hatred or sexual orientation hatred
S29C Public Order
Publishes it distributes written material which is threatening
And
Intends to stir up religious or sexual orientation hatred
S1 Harassment act
A person must not pursue a course of conduct which amounts to harassment of another
And
He knows or ought to know it amounts to harassment
S1A Harassment act
A person must not pursue a course of conduct
Which involves the harassment of two or more persons
Which he knows or ought to know involves harassment of those persons
And
He intends to persuade any person not to do something that they are entitled to do or to do something that they are not under an obligation to do
Can companies be a victim of harassment or apply for injunctions?
No
What is available under S3 and S3A of the protection from harassment act?
An injunction
S3(6) Protection of harassment act 1997
Breach of an injunction
Without lawful excuse
Do injunctions involve police
Only if a power of arrest has been attached
S5 Protection for harassment act
Prohibits the defendant from any conduct which
Amounts to harassment
Or
Will cause fear of violence
Can restraining orders be granted on acquittal?
Yes
S5(5) Protection from Harassment act
Without reasonable excuse
The defendant does anything which is is prohibited from doing
S4 Protection from harassment
Course of conduct
Causes another to fear
On two or more occasions
That violence will be used against him
And he knows or ought to know that the conduct will cause fear
What defences are available under S4 of the protection against harassment act
Course of conduct was pursued to prevent or detect crime or
to comply with a condition of requirement of an enactment
Was reasonable for the protection of himself another or property
S2A Protection from Harassment act
Perseus a course of conduct which amounts to stalking
What is stalking?
Following Contacting Publishing material in relation to them Monitoring a person Loitering Watching Interfering
S4A Protection from harassment
Course of conduct amounts to stalking and either
Causes another to fear violence will be used against them on 2 or more occasions
Causes them serious alarm or distress which has a substantial adverse effect on their usual day to day activities
And knows or ought to know this
S42(7) Criminal justice and police act?
Knowingly fails to comply with a requirement in a direction given to him under this section
S42(7A) Criminal Justice and Police Act
Having been given a direction to leave the vicinity for a period of time he
Returns to the vicinity within the period of time
And does so for the purposes of harassment S1B
S42(A) Criminal Justice and Police Act
The person is present outside or in the vicinity or any premises
There are there for the purpose of representing or presuading the resident or other individual
That he should not do something/ or he should do something
And he intends his presence will amount to HAD
Or knows or ought to know his presence will cause HAD
AND it does amount to HAD or is likely to result in HAD
