Harassment Flashcards
The Protection from Harassment Act 1997
s8-s11
The Protection from Harassment Act 1997 s 8(3)
‘conduct includes speech’, ‘course of conduct must involve conduct on at least two occasions’
Sunderland City Council v Conn [2008] IRLR 324
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The Protection from Harassment Act 1997 s8A
relaxation of this requirement (course of conduct) in domestic abuse cases
The Protection from Harassment Act 1997 s8(3)
‘harassment’ of a person includes causing them alarm and distress’
Ferguson v British Gas [2010] 1 WLR 785
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Roberts v Bank of Scotland [2013] EWCA Civ 882
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The Protection from Harassment Act 1997 s8(1)
Mental element: ‘a person must not pursue a course of conduct which amounts to harassment of another and-
is intended to amount to harassment of that person; or
occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person’
The Protection from Harassment Act 1997 s8(4)
Defences: ‘It shall be a defence to an action of harassment to show that the course of conduct complained of-
was authorised by, under or by virtue of any enactment or rule of law;
was pursued for the purpose of preventing or detecting crime; or
was, in the particular circumstances, reasonable’