Harassment & Stalking Flashcards
Which extract of legislation covers harassment and stalking?
The Protection from Harassment Act 1997
Which extraction of legislation covers harassment specifically?
Section 1 & 2 The Protection from Harassment Act 1997
What is the definition of Section 1 Harassment?
A person must not pursue a course of conduct which
a) amounts to harassment of another AND
b) he knows or ought to know the course of action amounts to harassment of the other
What is the Mens Rea for Harassment?
That the defendant KNOWS or OUGHT TO KNOW that their conduct amounts to harassment
How is Section1 Harassment triable?
Summarily, in Magistrates
Is there a power of entry for Section 1 Harassment?
No - as harassment is a summary only offence
What is the Actus Reus of Section 1 Harassment?
That the defendant pursues a course of conduct that amounts to harassment
How is a “course of conduct” defined? (2 types)
1) In relation to A SINGLE PERSON: the defendant directs harassing conduct TOWARD THAT PERSON ON AT LEAST TWO OCCASIONS;
2) In relation to TWO OR MORE PEOPLE: the defendant directs harassing conduct toward EACH OF THESE PEOPLE ON AT LEAST ONE OCCASION
For a legitimate charge of Section 1 Harassment, does the conduct need to be of the same form?
No - the conduct can be of any type (i.e text and turning up a victim’s house), though it may be of the same type
If Section 1 Harassment is conducted against 2 or more people, how many times must it occur for a legitimate charge?
At least one instance of harassment must be directed to each person
What is the defining factor of commonality in cases of Section 1 Harassment?
The offender - NOT any similarity on the part of the victim
For a legitimate charge of Section 1 Harassment, how soon must instances of harassment occur?
There is no time limit - they can occur across any time period
What is the definition of “harassment”?
A sense of alarm or distress
Does a victim need to feel both alarm AND distress for a suspect to be charged with Section 1 Harassment?
No - they need only feel either alarmed or distressed for a legitimate charge, though of course they may feel both.
For a legitimate charge of Section 1 Harassment, is it necessary that somebody actually became alarmed or distressed at some point?
No - there is no requirement that somebody actually feel these sentiments or be aware of the harassment, only that the course of conduct would have caused them had they known.
Can a constable be harassed, alarmed or distressed on behalf of another person with regard to Section 1 Harassment?
Yes