Harassment/Stalking

Question 1

What is intimidation relating to criminal proceedings?

Answer 1

Suspect must have acted which intentionally caused harm (or threatened) to another person

Harm can be financial or physical

Towards them or property

Offence even if third party conveys threat

Must be in investigation/trial or 12 months after either the assistance of victim or end of trial

Question 2

How is someone guilty of intimidation relating to civil proceedings?

Answer 2

Suspect must have carried out act which causes intimidation and is intended to either obstruct, pervert or otherwise interfere with course of justice.

For past proceedings, suspect must know (or believe) victim has been a witness and intimidation must be within 12 months of end of proceedings.

Question 3

What is an offence under s1 of the malicious communications act?

Answer 3

For a person to send, for the purpose of causing distress or anxiety, any item

• indecent or grossly offensive
• a threat (unless reasonably reinforcing demand)
• info which is false (known/believed to be false)
• any article that is indecent/grossly offensive

Includes letters, parcels, emails, texts, calls.

Question 4

What should happen when a stalking protection order (SPO) is breached?

Answer 4

Person should be arrested ASAP

Otherwise may lose victim confidence or suspect may cause further harm

Question 5

Once a stalking protection order (SPO) is granted, what needs to happen?

Answer 5

Recorded on PNC

Include details of start/expiry dates

Conditions imposed

Question 6

What is an interim stalking protection order?

Answer 6

Same as SPO but short-term and temporary

Requires a lower threshold of evidence

Useful for immediate protection

Question 7

Who can be protected by a stalking protection order?

Answer 7

Anyone who the police believe has reasonable cause to be at risk of stalking

Doesn’t need to have been a victim

Question 8

What is a stalking protection order? (SPO)

Answer 8

Civil order granted by a magistrate

Police should apply if a suspect has carrried out stalking acts, possesses a risk of stalking and reasonable cause for SPO to be necessary to protect other person

SPO still can apply if no prosecution

Question 9

Can stalking be racially or religiously aggravated?

Answer 9

Yes

Question 10

What is stalking involving fear of violence/serious alarm/distress?

Answer 10

Code of conduct amounts to stalking and cause victim to:

• Fear on at least two occasions that violence will be used against them
• or serious alarm/distress which has a substantial adverse effect on day to day activities

Suspect must know (or ought to) the effects

Question 11

What must an offender have done for stalking to be proven?

Answer 11

Pursue course of conduct

Can be targeted at one or more persons

Suspect must know (or ought to know) it amounts to harassment

Question 12

What does the offence of stalking include?

Answer 12

• Followng someone
• Watching/spying on someone
• Loitering in public/private space
• Contacting by any means
• Monitoring their electronic communications
• Interfering with their property
• Publishing any statement relating to/originating from them (or purporting to be)

Question 13

How can a police officer remove a person or group to prevent harrassment, alarm or distress?

Answer 13

Any officer (usually most senior present) can give directions

Inform them they have caused harassment/distress and required to leave immediately

In writing or orally

Specified period (max 3 months)

Offence if refused or return within timeframe

Question 14

Who and how can issue a restraining order?

Answer 14

A court against anyone convicted or acquirred of any offence in order to protect a person from harrassment

Can be indefinite or for a period stated by court

Question 15

What are the defences to putting people in fear of violence?

Answer 15

Acted in reasonable circumstances

Conduct pursued reasonably for their own protection or for another or of property (theirs or others)

Question 16

How can putting people in fear of violence be committed?

Answer 16

Conduct must be targeted at an individual and calculated to cauase fear of violence and be oppressive/unreasonable

More than sending insulting/abusive letters or emails

Question 17

Does a suspect have to initiate contact for harassment?

Answer 17

No, abusing someone on a received call will suffice

Question 18

Can a code of conduct involved more than one person?

Answer 18

Yes, a group of people can be found guilty of harassment

Question 19

What communication does a code of conduct include?

Answer 19

Speech

Letters

Emails

Question 20

Under the protection from harassment act, what constitutes a course of conduct?

Answer 20

• Directed towards an individual on at least two occasions
• Direct towards to or more people, and in relation to each person on at least one occasion

Less likely court will accept Code of Conduct if long period between events

Question 21

How is harassment defined?

Answer 21

Behaviour must be oppressive, unreasonable and unacceptable

Includes alarming or causing person distress

Perpetrator must know or ought to know actions likely to cause relevant effect on victim

Question 22

What are the offences of the harassment act?

Answer 22

s2 - Harassment without violence 
s2a - stalking 
s3 - breaching an injunction 
s4 - putting people in fear of violence 
s4a - stalking involving fear of violence 
s5 - breaching a restraining order

Question 23

What is s2a of the Protection from Harassment act 1997?

Answer 23

Stalking

Question 24

What is s4 of the protection from harrassment act 1997?

Answer 24

Putting people in fear of violence

Question 25

What is s2 (1) offence of the Protection from Harassment Act 1997?

Answer 25

Harassment without violence