Protection from Harassment Act 1997 Flashcards
Protection from Harassment Act 1997
Location
Intent
The offences under the harassment act may be committed anywhere, there is no need to prove intent and may apply to a wider range of incidents, not only harassment
Section 1
Harassment
Summary Only
A person must not pursue a course of conduct which amounts to harassment of another, and which he/she knows or ought to know amounts to harassment of other
Section 2
A person who pursues a course of conduct in breach of Section 1 is guilty of an offence
Course of conduct: Behaviour or action of the person concerned.
That person must either KNOW that the conduct amounted to an offence or OUGHT TO KNOW
Section 2
Points to Prove
1 - A course of conduct
2 - A reasonable person would think that the course of conduct amounted to harassment
3 - The suspect knows or ought to know that the conduct amounts to harassment
4 - MUST BE ON MINIMUM 2 OCCASIONS
Section 2
Conduct and Course of Action
Conduct by one person will be taken at the time it occurs. Also to be conduct by another if it is aided, abetted, counselled or procured by another person
AND
The knowledge and purpose of these who aid, abet, counsel or procure such conduct relate to the moment at which the conduct was aided, abetted, counselled or procured, not when it took place
Section 2
Harassment
Consist of ALARM or DISTRESS
Section 2
Defences
1) Pursued for the purpose of preventing or detecting crime
2) That it was pursued under any enactment or rule of law (or to comply with any condition or requirement) Enforcement agencies, court rulings…
3) That in the particular circumstances of the pursuit of the course of conduct it was reasonable
Section 2 (a) (1)
Stalking
Summary Only
A person is guilty of an offence if the person pursues a course of conduct in breach of Section 1 AND the course of conduct amounts to STALKING
Section 2 (a) (2) Defining Stalking
a) It amounts to harassment of that person
b) The act or omission involved are ones associated with stalking
c) The person knows or ought to know that the course of conduct amounts to harassment of the other
Section 2 b
Powers Of Entry
Warrant
A justice of peace can issue a warrant to a constable to enter premises for this offence looking for fundamental evidence of stalking. NO NEED TO ARREST PERSON AT THIS TIME
Section 3
Civil Remedy
Where in such proceedings the High Court or County Court grants an injunction for the purpose of restraining the defendant from pursuing any course of conduct which amounts to harassment AND the claimant considers the defendant has done anything which he is prohibited from doing by the injunction the claimant may apply for the issue of a warrant for the arrest of the defendant
Section 4
Harassment Fear of Violence
Summary - 10 years on Indictment
A person whose course of conduct causes another to fear, on at least 2 occasions, that violence will be used against him/her is guilty of an offence IF he/she knows or ought to know that his/her course of conduct will cause the other so to fear on each of those occasions
Section 4
Points to Prove
- Course of conduct
- Course of conduct causes another person to fear on at least 2 occasions that violence will be used
- Suspect knows or ought to know
Section 4
Defences
1) Pursued for the purpose of preventing or detecting crime
2) Was pursued under any enactment or rule of law
3) Was reasonable for the protection of themselves or others or for the protection of their or another’s property
Section 4 (a)
Stalking with Fear of Violence, Alarm or Distress
Summary - 10 Years on Indictment
A person whose course of conduct amounts to stalking and either
- Causes another to fear on at least 2 occasions, that violence will be used against him
OR
causes serious alarm or distress which has substantial adverse effect on the other person’s usual day to day activity
is guilty of an offence if the person knows or ought to know that his course of conduct will cause the other so to fear on those occasions or will cause such alarm or distress
