DV: The Protection from Harassment Act 1997

Question 1

What may attract one to use the Harassment Order?

Answer 1

As a claimant you can receive damages under s3 which is a civil claim – i.e. no criminalisation involved if you want to avoid this.
This Act has a mixed bag of potential remedies.

Question 2

Give an example of a case where civil remedy was successfully obtained?

Answer 2

Singh v Bhakar

Question 3

what must the perpetrator know before an act can amount to harassment?

Answer 3

The act will amount to harassment: S1.

Question 4

S1 (2)

Answer 4

• Sets out an objective test for determining what harassment is: reasonable person test:
• R v Colohan confirms objective test (no subjective consideration for schizophrenic R).

Question 5

What is a ‘course of conduct’?

Answer 5

• S7(3) – A ‘course of conduct’ relates to 2 or more incidents.
• R v Hills - 2 assaults 6 months apart was sufficient.
  But:
  R v Patel - The incidents must be so related as to cause a ‘sequence of events’.

Question 6

What are the Sanctions for harassment?

Answer 6

• S2 Criminal offence of harassment
• S3(2) Creates a statutory tort of harassment (can go to a civil court to prevent further commission of this tort). Here you can obtain damages (but only if respondent has money).
• S3(3) But there is a criminal offence if the court provides an injunction against commission of the tort which is breached. Not good if you want to avoid criminalising perpetrator.
• S4 Aggravated offence of harassment is there is fear that violence will be used (up to 5 years imprisonment in the Crown Court)
• S5 or 5A ‘Restraining Order’ – Court can effectively make an injunction against R of convicted of an offence. But availability requires a criminal prosecution and breach is punished in same way as non-mol (criminalisation).

Question 7

What are the likely sentencing for harassment?

Answer 7

• R v Liddle [1999] - The standard crime of harassment should warrant 15 months in prison for a guilty plea. Liddle had previously been in prison for assaulting his partner, she obtained an injunction, he then sent her 2 letters and had an unplanned altercation in the street but because of his prior history of violence then 15 months was appropriate.
• R v Jubb [2004] - Violent against his partner for a long period of time – 24 months in prison.
• Edwards [2005] - Reduced prison sentence to 18 months, as there was culpability on both sides.

Question 8

What do you do if your client doesn’t want to criminalise the respondent?

Answer 8

• • Use an occupation order which can exclude someone from e.g. a whole area which may do the job. Power of arrest can be attached to this but punishment is not an automatic criminal offence but contempt of court which is only a civil wrong.
• Use s3(2) of Harassment Act which is a civil claim for damages (but this is only if respondent has money).