Stalking and Harassment Flashcards
What is the definition for S1 + S2 Protection from Harassment Act 1997?
S1 - Prohibition of Harassment
S2 - Offence of Harassment
S1 - A person must not pursue a course of conduct which amounts to harassment of another and they know or ought to know that it amounts to harassment.
S2 - A person who pursues a course of conduct in breach of S1.
What is a course of conduct within the Protection from Harassment act 1997?
A course of conduct exists when conduct is directed towards:
- An individual on at least two or more occasions.
- Two or more people, and in relation to each person on at least one occasion.
Course of conduct only applies within 6 month period as this is a summary offence
What is the definition for Putting people in fear of violence contrary to S4 Protection from Harassment Act 1997?
A person whose;
- Course of conduct
- Causes another to fear that violence will be used against him, and
- He knows or ought to know that his course of conduct would cause that other to fear.
What is the definition of Stalking?
S2a Protection from Harassment Act 1997?
A person must pursue a course of conduct that amounts to harassment of another, and they know or ought to know it amounts to harassment of another and the conduct amounts to stalking?
What is the difference between Stalking and Harassment?
Stalking is FOUR
Fixated
Obsessive
Unwanted
Repeated.
Harassment is more unwanted, annoying or irritating for the victim, but is less personal/ scary
What is the definition of Controling or Coercive behaviour in an intimate family relationship?
S76 Serious Crime Act 2015
A person (A), commits an offence if -
a) A repeatedly or continously engages in behaviour towards another person (B) that is controlling / coercive
b) A and B are personally connected (at the time)
c) The behaviour has a serious effect on B
d) A knows or ought to know their behaviour will have a serious effect on B
What are the points to prove for Controlling or Coercive Behaviour in an intimate family relationship?
S76 Serious Crime Act 2015
A person who -
- Knows or ought to know that their controlling or Coercive behaviour will have a serious effect
- On a person who they are personally connected
- Repeatedly or continously engages in such behaviour towards them which has such an effect
What are the points to prove of Harassment (without stalking)?
S1(1) Protection from Harassment Act 1997
S32(1a) Crime and Disorder Act 1998 makes this racially or religiously aggravated
A person
- Who pursues a course of conduct
- Which amounts to Harassment, and
- They know or ought to know amounts to Harassment of another
-(Racially or Relgiously aggravated if applicable)
What are the points to prove for Harassment with Stalking?
A person who
- Pursues a course of conduct
- which amounts to Stalking
(Racially or religiously aggravated if applicable)
What are the points to prove for Stalking with fear of violence / serious alarm or distress
A person whose
- Course of conduct
- Amounts to Stalking
- which causes another person
a) to fear violence will be used against them on at least TWO occasions, or
b) Serious alarm or distress which has a substantial adverse effect on that person’s usual day to day activities and,
- They know or ought to know that their conduct will cause the other to fear violence / Serious alarm or distress
