Police Direction to Prevent Intimidation or Harassment Flashcards
Q: Who gave specific powers to police to prevent intimidation or harassment? What was the aim?
Parliament gave police specific powers to prevent the intimidation or harassment of people in their own or others homes.
Eg: where a group gather outside a property where they believe a particular individual to be.
Q: What is the law on police direction to prevent intimidation or harassment?
S42 Criminal Justice and Police Act 2001- provides the most senior ranking police officer at the scene with discretionary powers to give directions to people in the vicinity.
(1) Subject to the following provisions of this section, a constable who is at the scene may give a direction under this section to any person if—
(a) that person is present outside or in the vicinity of any premises that are used by any individual (“the resident”) as his dwelling;
(b) that constable believes, on reasonable grounds, that that person is present there for the purpose (by his presence or otherwise) of representing to the resident or another individual (whether or not one who uses the premises as his dwelling), or of persuading the resident or such another individual-
(i) that he should not do something that he is entitled or required to do; or
(ii) that he should do something that he is not under any obligation to do;
and
(c) that constable also believes, on reasonable grounds, that the presence of that person (either alone or together with that of any other persons who are also present)—
(i) amounts to, or is likely to result in, the harassment of the resident; or
(ii) is likely to cause alarm or distress to the resident.
Q: Who is the most senior police officer at the scene?
The power is given to the most senior police officer at the scene. There is no definition in the Act, but the courts current interpretation is that seniority is by reference to rank.
Where all the officers present are of the same rank, the senior is the longest in service in the rank eg: longest serving constable.
Q: Does the constable giving directions have to be in uniform?
There is no requirement that the constable giving the direction is in uniform.
Q: Who can the officer give directions to?
This officer can give directions to persons outside or in the vicinity of premises being used by any individual as a dwelling.
Q: What is the ‘vicinity’?
There is no definition in the Act. Vicinity generally means the area near or surrounding the particular place. it will be a matter of degree given the unique circumstances of each case.
Q: What does ‘dwelling’ mean?
Dwelling would have the same definition as under s8 of Public Order Act 1986
It is any structure or part of a structure occupied as a persons home or as other living accommodation whether the occupation is separate or shared with others. It does not include any part not so occupied.
For this purpose, structure includes any tent, caravan, vehicle or other temporary or moveable structure.
Q: Can the premises be being used as a dwelling by a corporate body?
These premises must be being used as a dwelling by an individual and not a corporate body.
Q: Does the officer have to reasonably believe or suspect?
The officer must reasonably believe, not merely suspect, that the person/persons he gives the direction to are present to persuade the resident of the dwelling or other individual to do or not to do something.
And also reasonably believe that the ultimate effect of their presence will be harassment, alarm or distress of the resident.
Q: What does the requirement for reasonable grounds mean? Is it a discretionary or mandatory power?
The requirement for reasonable grounds means that their existence must be judged objectively and not from a personal standpoint of the officer using the power.
The officer does have considerable discretion in using this power.
It is a discretionary power and not a mandatory one. The officer is not obliged to give a direction at all.
Q: How may a direction be given?
S42(3)
A direction may be given orally; and where a constable is entitled to give a direction under this section to each of several persons outside, or in the vicinity of, any premises, he may give that direction to those persons by notifying them of his requirements either individually or all together.
Q: What must a person/persons given the direction do?
A direction given under s42 requires the person or persons it is given to to do all such things as the officer specifies as being necessary to prevent the harassment, alarm or distress of the resident. Including leaving
S42(4) The requirements that may be imposed by a direction under this section include-
(a) a requirement to leave the vicinity of the premises in question, and
(b) a requirement to leave that vicinity and not to return to it within such period as the con-stable may specify, not being longer than 3 months;
and (in either case) the requirement to leave the vicinity may be to do so immediately or after a specified period of time.
Q: What happens if someone knowingly contravenes a s42 direction?
S42(7)- This makes it an offence of knowingly contravening a s42 direction.
This offence requires officers to prove that a person acted knowingly. In other words, they knew what the direction was, understood their obligations under it and deliberately went against it.
Giving directions to a group, there is a risk they did not hear it themselves or realise it applied to them.
Q: What type of offence is s42(7)?
The offence of knowingly contravening a s42 direction is a summary offence dealt with by way of a fine or a maximum of 3 months imprisonment.
Q: What is the additional summary offence under s42(7A)?
There is a summary offence under s42(7A) concerning unlawfully returning to the vicinity within any period specified in the direction, beginning with the date on which the direction was given. Where the person returns for the purpose of harassment, this will be committed where a person who is subject to a direction to leave the vicinity returns within a period of up to 3 months. The precise length of time will be specified by the officer.
For the purposes of representing of persuading a person not to do something he or she is entitled to do or to do something that he or she is not obliged to do.
