Harrassment

Question 1

Harrasnent background

Answer 1

Protection against harassment act 1997
Summary offence
S.2 “ a course of conduct which amounts to harassment which the defendant knows or ought to know amounts to harassment”
. A course of “conduct s.7 occurs on at least 2 occasions)
Consider how far solved out (pratt v DPP)
Must challenge within six months

Question 2

Harassment

Answer 2

(R v Curtis) Must be unacceptable and aptessibe such that it gives rise to criminal liability
(Hayden v Dickinson) persistent and deliberately course of action targeted at another person which is unfavourable and clauclated to cause alarm, fear, distress. Must be a level of seriousness that reaches beyond irritates annoys and even a measure of upset, that arise occasionally in everybodys day to day dealings with other people, those who are subject to harassment include those who are foreseeably and directly harmed by the conduct of which the complaint is made
(Marjowski v guy + st thomas NHS) harassment includes work behaviour

Question 3

Harassment MR

Answer 3

Defendant must know that their behaviour is harassment or ought to be, objective test, reasonable person would believe

Question 4

Harassment defences

Answer 4

Purpose of preventing/detecting crime
Law that allows it
Conduct was reasonable