Protection from Harassment Act 1997

Question 1

When is this committed?

Answer 1

When D intentionally enter into course of conduct amounting to harassment and this occurs on two occasions.

OR

When the D harasses two or more persons by intentionally persuading them not to do anything they are entitled to do, and this must occur on at least one occasion in relation to each person.

Question 2

Subjective Test

Answer 2

D knows conduct amounts to harassment

Question 3

Objective test

Answer 3

D ought to know amounts to harassment if a reasonable person in D’s position would think the course of conduct amounts to harassment

Question 4

Roberts v Bank of Scotland

Answer 4

Objective test – a reasonable person would think that making over 500 phone calls a year to someone is harassment.

Question 5

Levi & Bates

Answer 5

Harassment extends beyond targeted individual to others who are foreseeable and directly harmed by the harassment.