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
Can Section 1 Harassment occur via a third party/intermediary?
Yes
Is there an available defence to Section 1 Harassment?
Yes - so long as the defendant pursued the conduct IN ORDER to prevent or detect a crime
Which extract of legislation covers Stalking specifically?
Section 2A, Protection from Harassment Act 1997
What is the definition of Section 2A Stalking?
A person is guilty if a person pursues a course of conduct which amounts to stalking
When is a course of conduct deemed to amount to stalking (2 instances)?
1) If the conduct amounts to harassment of the person;
2) The suspect knows or should know it amounts to harassment
Is there a power of entry for Section 2A Stalking?
No - however a force can apply for a search warrant granted by courts
Which extract of legislation covers Putting People In Fear of Violence?
Section 4 Protection from Harassment Act 1997
What is the definition of Section 4 Putting People In Fear of Violence?
A person whose course of conduct causes another person to fear ON AT LEAST TWO OCCASIONS that violence will be used against them is guilty if they KNEW or OUGHT TO KNOW their conduct would cause the other to fear violence ON EACH OCCASION
What is the Actus Reus of Section 4 Putting People In Fear of Violence?
Causing another person to fear violence will be used against them on at least two occasions
What is the Mens Rea of Section 4 Putting People In Fear of Violence?
The suspects KNOWS or OUGHT TO KNOW their conduct will cause the victim to fear violence ON EACH OCCASION
How many times must a suspect put another in fear of violence for a legitimate charge of Section 4 Putting People In Fear of Violence?
On at least two occasions
How is Section 4 Putting People In Fear of Violence triable?
Either way, in Crown or Magistrates
What is the penalty for Section 4 Putting People In Fear of Violence when tried on indictment?
5 years’ imprisonment
What is the penalty for Section 4 Putting People In Fear of Violence when tried summarily?
6 months’ imprisonment and/or fine
For a legitimate charge of Section 4 Putting People In Fear of Violence, who must the victim fear violence against?
That violence will be used against THEMSELVES PERSONALLY
If a victim fears in the present moment that violence will be used in future, can this still lead to a legitimate charge of Section 4 Putting People In Fear of Violence?
Yes - the anticipation of violence can be in future so long as the fear is in the present
If a person fears for a family member on at least two occasions, is this sufficient for a legitimate charge of Section 4 Putting People In Fear of Violence?
No - the victim can only fear violence in regard of THEMSELVES PERSONALLY
Which extract of legislation covers Stalking with Fear of Violence?
Section 4A, Protection from Harassment Act 1997
What is definition of Section 4A Stalking with Fear of Violence?
A person whose course of conduct amounts to stalking and causes the other to fear on at least 2 occasions that violence will be used against them OR;
the action causes the victim serious alarm or distress which has caused them substantial adverse effect on their day-to-day activity AND
the perpetrator knows or ought to know their action with cause fear of violence and alarm or distress
What is the Actus Reus of Section 4A Stalking with Fear of Violence? (2 aspects)
Pursuing a course of conduct amounting to stalking which
1) causes another to fear, on at least 2 occasions, that violence will be used against them OR;
2) their action causes the victim serious alarm or distress which causes them substantial adverse effect on their day-to-day activity
What is the Mens Rea of Section 4 Putting People In Fear of Violence?
The perpetrator KNOWS or OUGHT TO KNOW their action will cause fear of violence and alarm / distress
For a legitimate charge of Section 4 Putting People in Fear of Violence, on how many occasions must a person fear violence will be used against them due to a course of conduct amounting to stalking?
On at least 2 occasions
Can offences under The Protection from Harassment Act 1997 be racially or religiously aggravated?
Yes
If a Restraining Order is put in place with regard to offences under the Protection from Harassment Act 1997 and is breached, what effect does this have?
Breaching of a Restraining Order is a strict liability offence
How should offences under the Protection from Harassment Act 1997 be approached?
If there are criminal offences involved, deal with these first. If there are not, approach the case from a harassment perspective.
For a victim experiencing harassment/stalking, what helpful advice should be given to give the best evidence and opportunity for prosecution?
Advise the victim to diarise all events and not to throw potential evidence away
