Harrassment

Question 0

What is the definition of harassment?

Answer 0

‘Harassing a person includes alarming the person or causing the person distress’

s.7(2) harassment act 1997

Question 1

What act covers harassment?

Answer 1

Protection from harassment Act 1997

Question 2

What section of the harassment act 1997 covers the harassment of 1 person?

Answer 2

S.1

Question 3

What section of he harassment act 1997 covers the harassment of more than 1 person?

Answer 3

S.1A

Question 4

What is the Definition of harassment under s.1 and s.1a of harassment act 1997?

Answer 4

‘1) a person must not pursue a course of conduct which:

• amounts to harassment of another, and
• which he knows or ought to know amounts to harassment of the other

1A) a person must not pursue a course of conduct which.

• involves harassment of 2 or more persons and
• which he knows or ought to know involves harassment of those persons
• and by which he intends to persuade any person (whether or not one if those mentioned above)
• not to do something that he is entitled or required to do, or
• to do something that he is not under any obligation to do

A person who pursues a course of conduct in breach of 1 or 1a is guilty of an offence’

Question 5

What does Section 1 of the harassment act 1997 do?

Answer 5

Sets out what harassment is

Question 6

How many actions constitute harassment?

Answer 6

2 or more

don’t have to be the same action

Question 7

Can a police officer be harassed?

Answer 7

Yes

Question 8

Why is the maximum imprisonment for harassment?

Answer 8

6months

or a fine of up to £1000

Question 9

What are the points to prove for harassment?

Answer 9

2 or more actions
What the harassment is
What is the element of persistence

Question 10

Which section of the harassment act 1997 makes it an offence?

Answer 10

Section 2

You would arrest under section 2
Of he Protection from harassment act 1997

Question 11

What section of the harassment act 1997 relates to stalking?

Answer 11

S.2A

Question 12

What behaviours are associated with stalking?

Answer 12

Following
Watching /spying
Contacting / attempting to contact
Monitoring Internet use / email
Loitering (public/private)
Interfering with property in a persons possession

Question 13

Is stalking defined legally?

Answer 13

No

Question 14

What are the points to prove for stalking?

Answer 14

Course of conduct by a person
Course of conduct amounts to stalking
Person knows or ought to know that his conduct amounts to harassment

Question 15

What could be a defence for stalking?

Answer 15

Prevention/detection of crime
Enactment or rule of law (not be police, but perhaps the dwp/soca/gas board etc)
Reasonable action to protect self/another or property of self/another

Question 16

What section of the harassment act 1997 allows a constable to apply for a warrant to search for evidence of stalking?

Answer 16

S.2B

A constable may go to a justices to apply for a warns authorising them to search a premises for evidence of stalking

Question 17

Which section of harassment act 1997 covers more serious behaviour (such as violence)?

Answer 17

S.4

Question 18

What would be the points to prove for S.4 harassment act 1997

Answer 18

S.4 - new serious behaviour (brings in violence)

• that there is a course of conduct
• course of conduct causes another person to fear, on at least 2 occasions, that violence will be used against them
• the defendant knows, or ought to know, that their course of conduct will cause the other person to feel fear on each occasion

Question 19

Which act says that harassment can be racially or religiously motivated?

Answer 19

S.32 crime and disorder act 1998

Question 20

Which section of the harassment act 1997 sets out the restraining orders/injunctions that are given for harassment?

Answer 20

S.3

Question 21

Which section of the harassment act 1997 sets out the powers of arrest attached to the breach of any restraining orders/injunctions given?

Answer 21

S.5