Serious Crime and Other Offences - Hatred and Harassment Offences Flashcards
What is the acronym to determine stalking? (FOUR)
F - Fixated
O - Obsessive
U - Unwanted
R - Repetitive
What are the legislations for stalking and harassment?
Protection from Harassment Act 1997
S.2 Harassment - No fear of violence (summary)
S.2a Stalking - No fear of violence (summary)
S.4 Harassment - with fear of violence (either way)
S.4a Stalking - with fear of violence (either way)
What is the legislated definition of harassment?
There is not a legislated definition of what harassment is. We would consider whether the behaviour is alarming or distressing the victim.
For something to be classed as stalking/ harassment, how much conduct must have occurred?
S.7(3) – A “course of conduct” must involve conduct on at least two occasions in relation to that person. (There must be a gap between the two occasions)
However, if anything is longer than 6 months apart between incidents, we would not have the offence.
Examples of stalking
- following
- contacting
- publishing
- monitoring
- loitering
- interfering
- watching
- spying
What is the unofficial test for stalking?
If a suspect has altered their daily routine on two or more occasions then it is stalking
How would an ex-partner domestic crime with harassment get recorded?
It would get automatically recorded as stalking so it goes through to CPS
For s.4 harassment and s.4a stalking, what is the test for fear of violence?
- threat of violence - has to be threatened on two or more occasions
- receive violence - one or more occasion
- has such a significant effect on the victim that they are unable to go about their daily life
- violence can be against person/ property
- victim must believe that violence will occur, not that it may
- victim cannot fear violence for someone else
- fear of violence cannot be conveyed through a third party
What are the three main defences for stalking/ harassment?
- harassed/ stalked in the prevention or detection of crime (surveillance officers)
- enactment/ rule of law (e.g., failing to pay mortgage repayments, can send multiple letters)
- course of conduct was reasonable (e.g., if someone fails to pay for a service, they can continuously call under three times to get the payment)
What are the protection options for victims of stalking?
- Sentencing Act 2020 s.360 - Restraining Order
- Stalking Protection Order
- Protection from Harassment Act 1997 s.3 (civil remedy)
What is malicious communication?
Malicious Communications Act 1988
- send a letter, electronic communication or article of any description which conveys a message which is indecent or grossly offensive, a threat, or information which is false and known or believed to be false by the sender, with the intent to cause distress or anxiety to the sender.
- can be a one off occassion
- to be grossly offensive it should shock, offend or disturb
What is revenge porn?
- Criminal Justice and Courts Act 2015 s.33
- disclose private sexual photograph/ film without consent of the person who appears in the photograph/ film with the intention of causing the person distress
Can a company be harassed?
A company/ corporate body cannot be the direct victim of harassment - there must be evidence of harassment of an individual/ clearly defined group of individuals
However, a company can be capable of harassing another where the harassment was conducted in the course of employment
What is s.1(1A) of the Protection from Harassment Act?
- introduced to protect employees working for companies against harassment by animal rights protestors
- asking them to not work for the company/ release confidential information
- two separate incidents to amount to a course of conduct
- involves two or more people being harassed from the same company
