Aggravated Harassment Flashcards
Q: What is the law on aggravated harassment?
S4 1997 Act
(1) A person whose course of conduct causes another to fear, on at least two occasions, that violence will be used against him is guilty of an offence if he knows or ought to know that his course of conduct will cause the other so to fear on each of those occasions.
Q: What type of offence?
Triable either way
10 years imprisonment
Q: What needs to be proved for a s4 offence?
1: A course of conduct that amounts to harassment (at least 2 occasions or incidents).
2: On at least 2 of those occasions, the conduct must cause another person to fear that violence will be used against them. Key word is WILL, as opposed to MIGHT.
3: Victim has to fear that violence will be used against HIM and not someone else (need to prove fear of violence)
Q: What is the MR of D for a s4 offence?
D must know or ought to know that his conduct would cause the victim to fear violence on each of those occasions (need to prove knowledge of violence- either actual or imputed on at least 2 occasions)
If we can’t prove that in relation to at least 2 occasions, there will be no aggravated harassment. It would instead be simple harassment.
Q: Is there a racially or religiously aggravated form of the offence? What do you need to prove?
Yes- under Crime and Disorder Act.
Need to prove the racial or religious motivation in relation to both those 2 instances relied upon.
Q: What are the 3 different defences to aggravated harassment?
S1(3)
1: Purpose of preventing or detecting crime
- D will have a defence if he can prove, on a balance of probabilities, that he pursued the course of conduct for the purpose of preventing or detecting crime eg: police officers
2: To comply with a rule of law or condition
- D will have a defence if he pursued the course of conduct because he had to comply with any enactment or rule of law eg: bailiff- needs to personally serve a document. He has to follow the person around, wait outside their house, chase after them etc to put the document into their hand. This is what they have to do to do their job properly
3: Reasonable for protection of person or property
- D will have a defence where the course of conduct was reasonable for the protection of himself or another or for the protection of his or another’s property
Q: What are Crown Exemption Certificates? Who authorises them?
Crown exemption certificate- protect from criminal and civil claims of harassment.
S12- Sec of State may certify that the course of conduct was carried out by a specified person on a specified occasion relating to either national security, the economic wellbeing of the UK or the prevention or detection of serious crime on behalf of the crown.
Those circumstances are the sort of situations that justify intrusive surveillance and interception warrants under RIPA.
