Harassment and Hatred Offences Flashcards
Offences contrary to s18 - 23 POA 1986 racial hatred =
hatred against persons defined by race, colour, nationality, ethnicity
Offences contrary to ss29B - 29G POA 1986 religious hatred = hatred against persons defined by religious or lack of religious belief
s29AB POA 1986 defines hatred on grounds sexual orientation.
s18 - Use of words or behavior or display written material
e/w 7 yrs / 6 mths / fine
threatening, abusive or insulting words or behaviour with intent to stir up racial hatred or having regard to all circs aware racial hatred is likely to be stirred up.
PUBLIC or PRIVATE unless dwelling to dwelling
Consent AG required
d/not apply to broadcasts in a programme
Defence if inside dwelling and no reason to believe heard/seen by person outside any dwelling
s19 Publishing or distributing written material
e/w 7 yrs / 6 mths / fine
threatening, abusive or insulting words or behaviour with intent to stir up racial hatred or having regard to all circs aware racial hatred is likely to be stirred up…to public sector or section of the public
Defence - not aware of content of material AND did not suspect it was threatening, abusive or insulting
s29B religious/sexual orientation s18 - Threatening only
Threatening words/behaviour only
intends to stir up only
s29C religious/sexual orientation s19 -
Threatening words/behaviour only
intends to stir up only
ss1 and 2 Harassment Act 1997 - Protection from
summary 6 mths / fine
course conduct amounts to harassment or def ought to/knows amounts to harassment.
course conduct which involves harassment 2+ people and ought to/knows is harassment AND intends to persuade ANY person not to do something entitled to do or do something not under any obligation to do….KIV animal rights protestors
Cannot harass a company but a company can harass a person
s32(1)(a) Racially, religiously agg harassment Crime & Disorder Act 1998
e/w 2 yrs / 6 mths / fine
Making dog bark can = harassment but NOT if don’t stop dog barking
Person simply handing out leaflets would not commit offence unless they threatened or intimidated people
for s1 must prove
- person pursued COURSE OF CONDUCT and
- COURSE OF CONDUCT amounted to HARRASSMENT
Harassment judged by standards of reasonable person in possession of same information - Objective test for court.
Can aid/abet/counsel/procure harassment.
Defences;
- prevent/detect crime
- under any enactment/rule of law with a condition/req’t
- circs where conduct was reasonable.
Injunctions can be applied for civilly, restraining orders follow a conviction for an offence under ss 2 or 4.
Breach Injunction s3(6) Prot Har Act 1997
e/w 5yrs / 6 mths / fine
Can make civil claims for harassment
Restraining Orders s5
to protect a person from harassment or fear of violence
Order must name persons wishes to protect
Can order person NOT to publish information indefinitely
Neighbour blocking in another neighbours plumbers van can breach restraining order
s5(5) Breach restraining order
e/w 5yrs / 6 mths / fine
offence of strict liability
Failing to charge for ss2 or 4 removes courts ability to make a restraining order
s4 putting people in fear of violence
e/w 10 yrs / 6 mths / fine
course conduct causes another to fear on 2+ occasions that violence WILL be used against HIM - knows/ought to know contact will cause fear.
- fear might use violence in future NOT sufficient
- violence against family member NOT sufficient
Objective test of standards of reasonable person - INTENT need not be proven.
racially/religiously aggravated
e/w 14 yrs / 6 mths / fine
Defence
- prevent/detect crime
- conduct under an enactment
- conduct reasonable for protection of self/another or protection of his/another’s property
s2A - Stalking
summary 6 mths / fine
course of conduct amounts to stalking incl;
following person, contact, publishing statement, monitoring person, loitering in place, interfering with persons property, watching or spying on a person
s32(1)(a) racially/religiously agg
e/w 2yrs / 6 mths / fine
s4A Stalking involving fear violence, serious alarm, distress
e/w 10yrs / 6 mths / fine
course conduct amounts to stalking and either causes
IP to fear on 2+ occasion that violence will be used against IP OR causes IP serious alarm, distress which has substantial adverse affect on IP’s usual day to day activities if B knows, ought to know effect on IP
s32(1)(b) racially/religiously agg
e/w 14 yrs / 6 mths / fine
Same defence as s4
s42 Criminal Justice and Police Act 2001
provides police powers to prevent intimidation or harassment of people om their own or others homes (ag animal rights protestors).
Most senior ranking officer powers when
- person o/s or in vicinity of any premises used by any individual as his dwelling AND
- PC BELIEVES on reasonable grounds that person is there for purpose of preventing/persuading resident (or anyone else)
not to do something entitled to do
to do something not under obligation to do
And PC believes on reasonable grounds persons presence amounts to or likely to result in harassment, alarm, or distress of the RESIDENT
Direction incl;
- requirement to leave vicinity of premises
- requirement to leave vicinity and not return within specified period of up to 3 mths.
requirement to leave MAY be immediately or after a specified period.
Direction can be given verbally D/NOT need to be in uniform.
Power cannot be used under s220 Trade Union and Labour Act (peaceful picketing)
s42(7) Contravening direction
Summary / 3 mths / fine
Need to show person acted knowingly and direction given to THEM
s47(7A)Unlawfully returning to vicinity
summary / 6 mths / fine
for purpose of representing or persuading person not to do something entitled or to do something not obliged to do.
s42A Crim Justice Police Act 2001 Harassment of person in their own home
summary / 6 mths / fine
Def must be in relevant place/vicinity
for purpose as above
intention or knowledge of actions
def presence likely/amount to cause harassment, alarm, distress to a resident (OBJECTIVE TEST)
