Hatred Harrassment and Anti-Social Behaviour Flashcards
For Harassment dose the course of conduct need to be the same
No just two types courses of conduct
What is the test for harassment
Object person - Would a reasonable person see the actions would amount to harassment.
Can a company be the victim of harassment
No
Can employees of the company be victims of harassment
Yes
Can a company commit harassment
Yes
In order to commit racially or religiously aggravated harassment what has to be proven at each step
That each course of conduct was motivated by a religious or racial aspect.
What are the defences to harassment
The defence prove on a balance of probabilities that they were doing it for the purpose of preventing crime or detecting crime, that they were acting under a rule of law or that the conduct was reasonable.
What is stalking
When a person carries out the offence of harassment via stalking activities.
Is monitoring a personal electronic communication stalking
Yes - If it can be proven that there is a course of conduct.
Putting people in fear of violence - Section 4 Harassment what is specific against the fear of violence.
It must be the fear that the violence will be used against them and not a third party.
For section 4 Harassment does there have to be a result on each occasion
Yes this is a result offence.
In relation to Section 4 harassment if two threats are made, however the victim does not take the first threat seriously until the second threat has been made can the court apply the ‘gift of hindsight’
Yes
In relation to Section 4 Harrassment can the threats be made to conduct the act in the future
Yes as long as the fear is in the present tense.
In relation to section 4 Harrassment what if the victim only fears that violence might be used? Is it an offence?
No they have to fear that violence WILL be used
in relation to section 4 Harassment, you have to put the victim in fear of violence on each occasion is this the same for section 4 Harassment through stalking
No this can include serious alarm or distress which has a substantial adverse effect on the day to day activities of the victim.
What is the difference between an injunction and a restraining order
An injunction is civil and a restraining order has been imposed by the criminal court on conviction
Who can apply to vary a restraining order
The prosecutor, the defendant or any other named person mentioned in the order.
Can a restraining order be made for an indefinite period
Yes
Under section 42 of the criminal justice an Police Act Police directions to prevent intimidation who can make a direction?
The most senior officer present.
Does the officer have to be in uniform for a Section 42 direction to leave
No
Who has to give the authority to prosecute use of words behaviour or display of written material to stir up racialAtton hatred.
Attorney General
on a ASB injunction which is made before the subject has turned 18 how long can it last
It must not last more than 12 months.
Ona ASB injunction if a person is 18 how long must it last
There is NO minimum duration or NO maximum duration
Can an ASB injunction be made ex parte
Yes if an urgent injunction is required.
Can a Power of arrest be attached to an injunction for ASB
Yes - Normally if there is significant risk of har,.
When can a person be given a CBO
When they have been sentenced or given a conditional discharge
Who can apply for a CBO
The Police or the Local authority - if consultation has been sought from the YOT
What are the duration for a CBO for a person under the age of 18
Minimum 1 year duration Maximum 3 years duration
When must the CBO be reviewed
Yearly by the Police or Local Authority
What are the durations for a CBO for a person over the ae of 18
Minimum duration of 2 years - Maximum duration unlimited.
Who can authorise dispersal powers
Inspector or above
What is the maximum duration of dispersal powers
48 hours.
What is the mind set to authorise dispersal powers for an inspector
They must reasonably believe.
Can a PCSO give a direction to leave
Yes
How does a direction to leave have to be given
Written unless not practicable and then can be orally.
What is the additional power to a direction to leave if a person is below a certain age and what is that age
If a person is under the age of 16 then they may be taken home or removed to a place of safety.
Can an officer take items away from people under ASBO powers direction to leave
Yes if the items are likely to cause ASB
What must the officer do if they confiscate items under the ABS power
They must give written notice of when the person can have the items back. If the person is under 16 the person must be accompanied by an adult - The period they collect cannot be within the 48 hours of the dispersal order.
Who has the power to issue a CPN
Police PCSO local authority.
What rank is the officer who must issue a closure notice
An inspector
How long can a closure notice last
If issued by an Inspector - 24 hours.
It can be extended by a Superintendent for 48 hours.
What is specific about Christmas Day and Closure Notices
It is discounted in the 48 hours period.
