Harassment of a person inside their home Flashcards
Q: What is the offence of harassment of a person in his own home?
S42A Criminal Justice and Police Act 2001 creates a summary offence.
S42A(1)
(1) A person commits an offence if-
(a) that person is present outside or in the vicinity of any premises that are used by any individual (“the resident”) as his dwelling;
(b) that person is present there for the purpose (by his presence or otherwise) of representing to the resident or another individual (whether or not one who uses the premises as his dwelling), or of persuading the resident or such another individual—
(i) that he should not do something that he is entitled or required to do; or
(ii) that he should do something that he is not under any obligation to do;
(c) that person-
(i)intends his presence to amount to the harassment of, or to cause alarm or distress to, the resident; or
(ii) knows or ought to know that his presence is likely to result in the harassment of, or to cause alarm or distress to, the resident; and
(d) the presence of that person-
(i)amounts to the harassment of, or causes alarm or distress to, any person falling within subsection (2); or
(ii)is likely to result in the harassment of, or to cause alarm or distress to, any such person.
Q: Who are the ‘persons falling within subsection (2)?
S42A(2)
(2) A person falls within this subsection if he is-
(a) The resident
(b) A person in the resident’s dwelling, or
(c) The person in another dwelling in the vicinity of the resident’s dwelling.
Q: What type of offence is it?
Summary offence.
This offence may be dealt with by a fine and/or a maximum of 6 months imprisonment.
