Preventing Harassment and the Criminal Justice and Police Act 2001 Flashcards
Harassing or intimidating behaviour by individuals towards a person in his/her home is an offence against what act?
The Criminal Justice and Police Act 2001
Causing harassment of a resident
What sorts of behaviour may be deemed as harassment?
How do courts decide if the relevant activities should be regarded as significantly disturbing?
Persistent and aggressive hammering on a door; climbing onto the roof of a dwelling, and aggressive use of banners or placards to block or impede access.
Using the ‘reasonable person’ test- using an objective tool and avoid subjective evaluations.
Using CCTV
Causing harassment of a resident
Offence penalty
Triable summarily and the penalty is six months imprisonment and/ or a fine.
Giving directions to prevent harassment, alarm or distress
Under what act gives police the power to give ‘directions’ to a person (or group) in order to prevent them from causing harassment?
Under s 42(1) of the Criminal Justice and Police Act 2001
Under s 42(1) of the Criminal Justice and Police Act 2001
What might the wording be?
You have caused harassment and distress to people living in this area. I therefore require you to leave immediately.
Under s 42(1) of the Criminal Justice and Police Act 2001
What does this enable?
Gives police the power to give ‘directions’ to a person (or group) in order to prevent them from causing harassment.
Can last max three months.
Under s 42(1) of the Criminal Justice and Police Act 2001
When is an offence committed?
Under s 7A when a person fails to leave after being told, or leaves and then returns within the specified time period to persuade a resident to follow a particular course of action.
Under s 42(1) of the Criminal Justice and Police Act 2001
What are the offence penalties?
Triable summarily and the penalty is six months imprisonment and/ or a fine.
