Harassment & Stalking Flashcards
Define the offence of harassment as stipulated by S1 of the Protection from harassment Act 1997.
A person must not pursue a course of conduct which:
(a) amounts to harassment of another,
AND
(b) he knows or ought to know amounts to harassment of the other
A person who pursues a course of conduct in breach of S1 is guilty of an offence
Define Section 1 (1A) of the Protection from harassment Act 1997
A person must not pursue a course of conduct:
(a) which involves harassment of two or more persons AND
(b) which he knows or ought to know involves harassment of those persons AND
(c) by which he intends to persuade any person (whether or not one of those mentioned above)
(i) not to do something that he is entitled or required to do OR
(ii) to do something that he is not under any obligation to do
Outline the offence of harassment as stipulated by S2 and S4 of the Protection from Harassment Act 1997 and defences applicable in the Act.
Definition then defences
Definition S4 PHA 1997:
A person whose course of conduct causes another to fear on at least TWO occasions that violence will be used against them is guilty of an offence
IF
they know or ought to know that their course of conduct will cause the other to fear violence on each of those occasions
Defences:
- The course of conduct was pursued for the purpose of preventing or detecting crime;
- The course of conduct was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment; or
- Pursuit of the course of conduct was reasonable for the protection of him or herself or another or for the protection of her, his or another’s property.
The violence in this offence can be in the future as long as the fear of it is in the present tense. I.e. at the time of the conduct
State the offence of stalking as stipulated by S2A of the protection from Harassment Act 1997 and defences applicable in the Act.
A person is guilty of an offence if
(a) the person pursues a course of conduct in breach
of S1 (1) &
(b) the course of conduct amounts to stalking
A person’s course of conduct amounts to stalking of another person if
(a) it amounts to harassment of that person
(b) the acts or omissions involved are ones associated with stalking &
(c) the person whose course of conduct it is knows or ought to know that the course of conduct amounts to harassment of the other.
Identify behaviours that constitute stalking and harassment.
- Following a person
- Contacting or attempting to contact a person by any means
- Monitoring the use by a person of the internet/ email/ any other electronic communication
- Loitering in any place (public or private)
- Interfering with any property in a person’s possession
- Watching or spying on a person
- Publishing any statement or material relating or purporting to relate to a person or purporting to
originate from a person
State the offence of racially and religiously aggravated harassment as stipulated by the Crime and Disorder Act 1998.
Section 32 Crime & Disorder Act 1998:
At the time OR immediately before OR immediately after committing the offence
The offender demonstrates towards the victim hostility based on the victim’s
Membership OR presumed membership of a racial or religious group OR
The offence is motivated (wholly or partly) by hostility towards members of a
Racial OR Religious group based on their embership of that group
Describe the actions that can be taken by the police when safeguarding a victim of stalking/harassment.
- Stalking Protection Orders (SPOs)- These orders manage the alleged suspect through use of prohibitions &/or positive requirements as well as imposing notification requirements on the suspect
-
Restraining Orders: Section 5 PHA 1997 - A Restraining Order may be placed by the Court to protect either:
The victim of the offence or any other person (mentioned in the order) From further conduct that either:
Amounts to harassment or will cause fear of violence
Prohibit the defendant from doing anything described in the order
Define the meaning of harassment under Section 7 PHA 1997
‘Likely to cause’ alarm or distress
State the offence of stalking as stipulated by S4A of the protection from Harassment Act 1997 and defences applicable in the Act.
A person (A) whose course of conduct
(a) amounts to stalking AND
(b) either
(i) causes another (B) to fear on at least two occasions that violence will be used against B, OR
(ii) causes B serious alarm or distress which has a substantial adverse effect on B’s usual day-to-day activities
Is guilty of an offence if A knows or ought to know that A’s course of conduct will cause B so to fear on each of those occasions or (as the case may be) will cause such alarm or distress
Explain the Substantial Adverse Effect on Day to Day Life of stalking and/ or harassment
- Changing work
- Changing personal or social patterns
- Change of health, physical & mental
- Relocation
- Increase in personal home or security
Describe the power of entry Police have for stalking
Under Section 2B PHA 1997 -
the police have a power ofentry in relation to the Stalking offence where a constable can apply to the Magistrates Court for the
issue of a Warrant of entry and search providing thereare reasonable grounds to believe an offence has been, or is being committed
The constable may use force if necessary to execute the warrant – and seize any relevant material
State the defences for stalking
No offence will be committed if the course of conduct was carried out either:
- For the purpose of either preventing or detecting crime
- Under a rule of law
- That in particular circumstancesthe pursuit of the conduct was reasonable
