2.8 Hatred And Harassment Offences

Question 1

S18 Public Order act

Answer 1

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

Question 2

Defence for S18 Public order?

Answer 2

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

Question 3

S19 Public order act

Answer 3

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

Question 4

Defence for S19 public order act

Answer 4

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

Question 5

S29B Public order

Answer 5

Uses threatening words or behaviour or displays written material which is threatening

And

He intends to stir up religious hatred or sexual orientation hatred

Question 6

S29C Public Order

Answer 6

Publishes it distributes written material which is threatening

And

Intends to stir up religious or sexual orientation hatred

Question 7

S1 Harassment act

Answer 7

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

Question 8

S1A Harassment act

Answer 8

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

Question 9

Can companies be a victim of harassment or apply for injunctions?

Answer 9

No

Question 10

What is available under S3 and S3A of the protection from harassment act?

Answer 10

An injunction

Question 11

S3(6) Protection of harassment act 1997

Answer 11

Breach of an injunction

Without lawful excuse

Question 12

Do injunctions involve police

Answer 12

Only if a power of arrest has been attached

Question 13

S5 Protection for harassment act

Answer 13

Prohibits the defendant from any conduct which

Amounts to harassment

Or

Will cause fear of violence

Question 14

Can restraining orders be granted on acquittal?

Answer 14

Yes

Question 15

S5(5) Protection from Harassment act

Answer 15

Without reasonable excuse

The defendant does anything which is is prohibited from doing

Question 16

S4 Protection from harassment

Answer 16

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

Question 17

What defences are available under S4 of the protection against harassment act

Answer 17

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

Question 18

S2A Protection from Harassment act

Answer 18

Perseus a course of conduct which amounts to stalking

Question 19

What is stalking?

Answer 19

Following 
Contacting
Publishing material in relation to them
Monitoring a person
Loitering
Watching
Interfering

Question 20

S4A Protection from harassment

Answer 20

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

Question 21

S42(7) Criminal justice and police act?

Answer 21

Knowingly fails to comply with a requirement in a direction given to him under this section

Question 22

S42(7A) Criminal Justice and Police Act

Answer 22

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

Question 23

S42(A) Criminal Justice and Police Act

Answer 23

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