Harrasment and Stalking

Question 1

What is a course of conduct

Answer 1

This is conduct on at least two occasions or in the case to two or more persons conduct on at least one occasion and conduct includes speech

Question 2

Section 1 offence of harassment

Answer 2

This was brought in to specifically protect employers working for certain companies from harassment by animal rights protestors

Question 3

Defences to harassment

Answer 3

For the purpose of preventing or detecting crime
Under any enactment or rule of law to comply with a particular condition or requirement
In circumstances where the course of conduct was reasonable

Question 4

Restraining order

Answer 4

Courts can impose a restraining order for the purpose of protecting a person and can be done on acquittal. The order can be made for a specific period or until further order

Question 5

S4 putting people in fear of violence - harassment

Answer 5

A person who’s course of conduct causes another to fear on at least two occasions that violence will be used against them and the defendant ought to have known the other so to fear on each of these occasions

Question 6

Stalking 2a

Answer 6

A person is guilty of this offence if the person pursues a course of conduct and the course of conduct amounts to stalking

Question 7

What is stalking

Answer 7

This can include following a person, contacting or attempting to contact a person by any means, loitering in any place, watching or spying on a person

Question 8

Stalking involving fear of voilence or serious alarm or distress S4A

Answer 8

A person whose course of conduct amounts to stalking and either causes another to fear on at least two occasions that violence will be used against them or causes serious alarm or distress which has a substantial adverse effect on usual day to day activities

Question 9

Evidence of substantial adverse effect on day to day activities may include:

Answer 9

Changing routes to work, work patterns or employment
Putting in place additional security measures
Moving home
Physical or mental health
Stopping or changing the way they socialise

Question 10

What powers do police have under S42 of CJA

Answer 10

A requirement to leave the vicinity of the premises in question
A requirement to leave the vicinity and not return within such period not being longer than three months