PUBLIC PROTECTION - Stalking & Harassment Flashcards
Section 1&2 protection from harassment act 1997 - one person
A person must NOT pursue a COURSE OF CONUDUCT which:
a) Amounts to HARASSMENT of another
AND
b) HE KNOWS or OUGHT TO KNOW amounts to HARASSMENT of the other
A person who pursues a course of conduct in breach of S1 is guilty of an offence.
Section 1(1a) PFH act 1997 - two or more persons
A person MUST NOT PURSUE a COURSE OF CONDUCT:
a) Which involves HARASSMENT of two or more persons
AND
b) Which HE KNOWS or OUGHT TO KNOW involves HARASSMENT OF THOSE PERSONS
AND
c) By which HE INTENDS TO PERSUADE ANY PERSON (whether or not one of those mentioned above)
i) NOT TO DO SOMETHING that he is ENTITLED OR REQUIRED TO DO
OR
ii) To do something that he is NOT UNDER ANY OBLIGATION TO DO
What is course of conduct? (4 things)
This must involve conduct on at least two occasions.
It is not restricted to actions, it can also include speech.
It does not have to be of the same type.
It does not have to be done by the same person.
Section 7 PHA 1997 - meaning of harassment?
harassment includes alarm or distress.
This behaviour is repeated and unwanted by the victim
Can acts of harassment be passed via a 3rd party?
Yes. Give an example
Section 4 PHA 1997 -
A PERSON WHOSE course of conduct causes ANOTHER TO DEAR on at least TWO occasions that VIOLENCE will be used AGAINST THEM is guilty of an offence
IF
they KNOW or OUGHT TO KNOW that their COURSE OF CONDUCT will cause the other to FEAR VIOLENCE on EACH OF THOSE OCCASIONS
Statutory defences for s4?
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.
S4 offences?
summary - 6 months and or fine
Indictment - 5 tears prision
