Protection from Harassment

Question 1

A “course of conduct” is defined as

Answer 1

behaviour that occurs on two or more occasions, it can be targeted at one or more than one person. This means that you cannot harass somebody as a “one off” event.

There is a further definition which states that if A and B decide to work together to harass C, then they only need to do it on one occasion each, so long as they know that their behaviour is likely to be alarming or distressing. This is because C will have been harassed on two or more occasions.

Question 2

What are the sections 1-5 of the Protection from Harassment Act 1997?

Answer 2

Harassment without violence (s 2)

Stalking (s 2a)

Breaching an injunction (s 3(6))

Putting people in fear of violence (s 4)

Stalking involving fear of violence or serious alarm or distress (s 4A)

Breaching a restraining order (s 5(5))

Question 3

What must the behaviour be to be seen as committing an offence against the Protection from Harassment Act 1997?

Answer 3

Must be oppressive, unreasonable and unacceptable, such as that displayed during an act of stalking, and be of the sort that a reasonable person would find harassing (s 1(2) of the Protection from Harassment Act.

Harassing a person includes alarming the person or causing the person distress (s 7(2))

The perpetrator must know or ought to know this their actions are likely to have this effect.

Question 4

Can both people and companies/ corporate bodies be ‘harassed’?

Answer 4

No - only a person can be harassed (s 7(5) of the Protection from Harassment Act 1997).

Question 5

Under s 1(1) of the Protection from Harassment Act 1997, a person must not do what?

Answer 5

Pursue a ‘course of conduct’ which amounts to harassment of another or of two or more persons, which the perpetrator knows or ought to know amounts to harassment.

It has to happen on more than one occasion.

Question 6

Under s 1(1) of the Protection from Harassment Act 1997, a ‘course of conduct’ exists when conduct is directed towards:

Answer 6

An individual on at least two occasions.

Two or more people, and on at least one occasion in relation to each of those persons (s 7(3)(b))

Question 7

Under s 1(1) of the Protection from Harassment Act 1997, a ‘course of conduct’ includes:

Answer 7

Speech, letters and emails so evidence will need to be gathered from a wide range of sources such as diary entries, emails, letters, photographs and interviews with witnesses.

Question 8

What does s 2(1) of the Protection from Harassment Act 1997 state?

Answer 8

It is an offence for a person to pursue a course of conduct which involves harassment of one or more persons (s 1(1)(a).

Once initiated, a person continues to pursue a course of conduct even when he/she does not personally harass the victim but aids, abets, counsels or procures another who carries it out instead (s 7(3A)).

Question 9

The elements of section 2 offence are:

Answer 9

A course of conduct;

Which amounts to harassment of another (can be one or more persons); and

Which the defendant knows, or ought to know amounts to harassment of another.

A person who’s starts a course of conduct is seen as continuing it even when the latter acts are carried out by someone else arranged by the suspect (s 7(3A)).

Question 10

Three defences are available to the section 2 offence:

Answer 10

That the course of conduct was pursued for the purpose of preventing or detecting crime

That it was pursued under any enactment or rule of law

That the pursuit of the course of conduct was reasonable

Question 11

Where are the offences of stalking covered?

Answer 11

s 2A of the Protection from Harassment Act 1997

Question 12

The elements of the section 2A offence are:

Answer 12

A course of conduct

Which is in breach of section 1(1) of the Protection from Harassment Act 1997 (i.e. a course of conduct which amounts to harassment) and

The course of conduct amounts to stalking i.e watching/ spying, loitering in any place (public or private), contacting/ attempting to contact by any means, monitoring someones electronics, interfering with property, publishing any statement or other material relating to or originating from him/her.

Question 13

Where are the penalties of stalking?

Answer 13

Triable summarily and the penalty is 6 months imprisonment and/ or a fine.

Question 14

If distress is caused on only one occasion does this constitute a course of conduct?

Answer 14

No - it may instead be the subject of a claim in civil proceedings under s 3(1) of the Protection from Harassment Act 1997.

Companies and people can apply for an injunction against individuals - which could result in a court order to pay money.

If an injunction is breached, the offence committed is triable either way, penalty fine or 6 month imprisonment (summarily) 5 years indictment.

Question 15

What is a ‘First Incidence Harassment Warning’?

Answer 15

An official written warning issued by the police which informs the perpetrator that any further incidents may form part of a course of conduct = prosecution for harassment offences.

Question 16

What offence is described in s 4 of the Protection from Harassment Act 1997?

Answer 16

Putting people in fear of violence, this includes sending insulting or abusive letters or emails.

The conduct must be targeted at an individual and be calculated to cause fear of violence. It must also be oppressive and unreasonable.

Question 17

The elements of the section 4 offence are:

Answer 17

A course of conduct;

• which causes another to fear that violence will be used against him; and
• which the defendant knows or ought to know will cause another to fear that violence will be used against him; and
• if a reasonable person in possession of the same information would think that the course of conduct would cause the other so to fear on that occasion.

Question 18

What are the key differences between s 4 when compared to s 2 offences?

Answer 18

The victim must believe the violence will happen (as opposed to believing it might happen)

The victim must fear the violence personally (and not on behalf of somebody else, such as a family member)

The fear of violence cannot be conveyed through a third party

Question 19

What defences are available to the section 4 offence:

Answer 19

The course of conduct was pursued for the purpose of preventing or detecting crime;

The course of conduct was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment; or

Pursuit of the course of conduct was reasonable for the protection of him or herself or another or for the protection of her, his or another’s property.

Question 20

Where are the penalties of section 4 offence?

Answer 20

Triable either way, penalty fine or 6 month imprisonment (summarily) or 10 years (indictment).

Question 21

What offence is described in Section 4A(1) of the Protection from Harassment Act 1997?

Answer 21

Stalking involving fear of violence or serious alarm or distress

Question 22

The elements of the section 4A offence are:

Answer 22

A course of conduct;

Which amounts to stalking; and

Which causes another to fear, on at least two occasions, that violence will be used against him or her; or
causes another serious alarm or distress which has a substantial adverse effect on his or her usual day-to-day activities (s 4A(1)(b)(ii))

Question 23

Section 4A(1) Stalking involving fear of violence or serious alarm or distress

There are two ways of committing this offence:

Answer 23

First, a course of conduct that amounts to stalking and causes the victim to fear, on at least two occasions, that violence will be used against them (not just possibility of) (which is similar to the existing section 4 offence).

Second, a course of conduct which causes “serious alarm or distress” which has a substantial adverse effect on the day-to-day activities of the victim.

This limb recognises the overall emotional and psychological harm that stalking may cause to victims, even where an explicit fear of violence is not created by each incident of stalking behaviour.

Suspect must know (or ought to know) that his/her acts will have these effect on victim.

Question 24

The phrase “substantial adverse effect on … usual day-to-day activities” is not defined in section 4A and thus its construction will be a matter for the courts. However, the guidelines (http://www.homeoffice.gov.uk/about-us/corporate-publications-strategy/home-office-circulars/circulars-2012/018-2012/) issued by the Home Office suggest that evidence of a substantial adverse effect may include the following:

Answer 24

(a) the victim changing their routes to work, work patterns, or employment;
(b) the victim arranging for friends or family to pick up children from school (to avoid contact with the stalker);
(c) the victim putting in place additional security measures in their home;
(d) the victim moving home;
(e) physical or mental ill-health;
(f) the deterioration in the victim’s performance at work due to stress;
(g) the victim stopping /or changing the way they socialise.

Question 25

Where are the penalties of section 4A offence?

Answer 25

Triable either way, penalty fine or 12 month imprisonment (summarily) or 10 years (indictment).

Question 26

A court can make a restraining order under what act?

Answer 26

s 5 of the Protection from Harassment Act 1997 against a person who has been convicted (s 5(1)) or acquitted (s 5A) of any offence, to protect a person from harassment.

Question 27

What does a restraining order…restrain.

Answer 27

• Not (either alone or by means of agents) to directly or indirectly contact, harass, alarm, or distress the victim and others as appropriate;
• Not to knowingly approach within the boundary of (specify street or road names and attach a copy of an annotated map to clarify parameters) any premises where the victim and others as appropriate reside, work or frequent;
• Not to telephone, fax, communicate by letter, text, electronic mail or internet with the victim and others as appropriate, or to send or solicit any correspondence whatsoever;
• Not to display any material relating to the victim on social networking sites including YouTube, Facebook and Twitter;
• Not to retain, record or research by any means, private, confidential or personal facts, or information relating to the victim and others as appropriate; or
• Not to use a different name or to change names without immediately notifying the court and/or the police.

Question 28

How long do restraining orders last?

Answer 28

It may last indefinitely or for a period stated by court, and it can be varied or discharged on application.

Question 29

What happens when you Breach of a Restraining Order?

Answer 29

Breaching a restraining order is an offence (s 5(5)) and the penalty is a fine or imprisonment (6 months summarily, and 5 years on indictment).

Question 30

The term ‘harassment’ is used to cover what?

Answer 30

the ‘causing alarm or distress’ offences under section 2 of the Protection from Harassment Act 1997 and ‘putting people in fear of violence’ offences under section 4 of the Act. The term can also include harassment by two or more defendants against an individual or harassment against more than one victim.

Question 31

When responding to complaints of harassment, the police priorities are what?

Answer 31

Investigate EVERY report of harassment.

Preserve the safety and protect the lives of all victims

Approach the harassment proactively

Use a multi agency approach when necessary

Deal with offenders effectively, using any means within the criminal justice system

Question 32

Owing to the many forms it can take, the definition of harassment is necessarily broad and simple:

A person must not pursue a course of conduct:

Answer 32

which amounts to harassment, of another, and

which he/she knows or ought to know amounts to harassment of another

Question 33

Other acts that consist harassment include:

Answer 33

Assisting or planning the course of conduct with another will also amount to the offence, even if the assisting party does not actually carry out the act themselves.

‘Collective’ harassment which is directed at members of a group, e.g. residents of a neighbourhood, groups of a specific identity including ethnicity or sexuality or people with disabilities.

Harassment of an individual can occur when a person is harassing others connected with that individual, e.g. family, friends, employees, knowing this behaviour will affect their victim. This is known as ‘stalking by proxy’.

Question 34

The Protection of Freedoms Act 2012 created two new offences of stalking by inserting new sections…

Answer 34

2A and 4A into the Protection from Harassment Act 1997. These came into force on 25 November 2012.

Question 35

Paladin, the National Stalking Advocacy Service, describes stalking as…

Answer 35

“A pattern of unwanted, fixated and obsessive behaviour which is intrusive and causes fear of violence or serious alarm or distress”.

Monitoring a person’s e-mails, publishing any statement or other material relating or purporting to relate to a person and omissions could constitute stalking under the Act.

The abuse which stalkers commit is often highly personalised and tailored to ensure it has maximum impact on the victim(s). Therefore, the impact of stalking is subjective and a seemingly innocuous or trivial incident reported to the police can hold devastating consequences for the victim.

Question 36

Any Harassment or Stalking offence can also be racially or religiously aggravated and is punishable by…

Answer 36

up to two years imprisonment. It comes under the discretion of the Magistrates Court whether to escalate to the Crown Court, as it falls under ‘Either Way’ offences.

Question 37

Harassment without Violence

This is the basic offence of harassment and falls under…

Answer 37

s2 Protection from Harassment Act 1997. It is a summary-only offence, punishable by a maximum of 6 months’ imprisonment.

Question 38

Under section 5 of the Harassment Act, a court can do what?

Answer 38

Place a restraining order of an indeterminate length on a person convicted or acquitted to protect a person from harassment.

Question 39

Section 2A Protection from Harassment Act 1997 states that…

Answer 39

The person will be convicted of “stalking” if their course of conduct amounts to “stalking”.

There is no increase in maximum penalty for the offence, although the starting point is slightly higher. The only legal difference is that a magistrate can issue a search warrant under s2A to look for material relating to the stalking.

Question 40

Harassment with Fear of Violence

This is the more serious form of the offence in which the victim must believe that they are going to be subjected to violence as part of the “course of conduct” being pursued by the suspect. It is contrary to s4 Protection from Harassment Act 1997.

The offence is essentially the same as that under s2, but there are three key differences:

Answer 40

the victim must believe that the violence will happen

the victim must fear the violence personally

the fear of violence cannot be conveyed by a third party

Question 41

Mirroring the relationship of the s2 / s4 offences under the Protection from Harassment Act, Stalking with Fear of Violence or Serious Alarm / Distress falls under s4A (the penalty is the same as s4 Harassment) and the criteria for this offence are the same as the Stalking offence under s2A, but also require the victim:

Answer 41

to be caused fear of violence against them on at least two occasions or

to be caused serious alarm or distress which has a substantial adverse effect on their day-to-day activities