Stalking and Harassment Flashcards
Define Section 1 and 2 Protection from Harassment Act 1997
A person must not pursue a course of conduct 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 Section 1 is guilty of an offence
Define Section 1 (1A) Serious organised Crime act 2005
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
Define Course of Conduct
This must involve conduct on at least 2 occasions
It is not restricted to actions, it also includes speech
It does not have to be of the same type
It does not have to be done by the same person
What section determines the meaning of harassment
Section 7 Protections from Harassment Act 1997
Explain acts of harassment via a 3rd party
It is possible for acts of harassment to be passed on via a 3rd party.
R v Kellett 2001 - Kellett phoned the victim’s work on 2 occasions. On each occasion speaking with the employer and claimed that the victim was pursuing her own personal enterprises when she should be working.
However, this was ignored and the victim was informed of the allegations by the 3rd party employer and caused upset.
Kellett on each occasion requested that the victim should not be informed of the allegations.
Define the defences of Section 4 Protection from Harassment Act 1997
- 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 for her, his or another’s property
Define Section 4 Protection of Harassment Act 1997
A person whose course of conduct causes another to fear 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.
The violence in this offence can be in the future as long as the fear of it is in the present tense. I.e at the of the conduct
Define Section 32 Crime and Disorder Act 1998
Racially or Religiously Aggravated
At the time OR immediately before OR immediately after committing the offence, the offender demonstrates towards the victim hostility based on the victim’s, membership OR presumed membership of a racial or religious group OR the offence is motivated (wholly or partly) by hostility towards members of a racial OR religious group based on their membership of that group
Define Section 2A Protection of Harassment Act 1997
A person is guilty of an offence if
a) the person pursues a course of conduct in breach of Section 1 (1) and
b) The course of conduct amounts to stalking. A person’s course of conduct amounts to stalking of another person if
a) It amounts to harassment of that person
b) the acts or omission involved are ones associated with stalking and
c) the person whose course of conduct it is knows or ought to know that the course of conduct amounts to harassment of the other
What is stalking?
- Following a person
- Contacting or attempting to contact a person by any means
- Monitoring the use by a person of the internet/email/any other electronic communication
- Loitering in any place (public or private)
- Interfering with any property in a person’s possession
- Watching or spying on a person
- Publishing any statement or material relating or purporting to relate to a person or purporting to originate from a person
Define Section 4A Protection of Harassment Act 1997
A person (A) whose course of conduct
a) amounts to stalking AND
b) either
i) causes another (B) to fear on at least two occasions that violence will be used against B, OR
ii) causes B serious alarm or distress which has a substantial adverse effect on B’s usual day-to-day activities is guilty of an offence if A knows or ought to know that A’s course of conduct will cause B so to fear on each of those occasions or (as the case may be) will cause such alarm or distress
List the substantial adverse effect on day to day life
This could include:
- Changing work
- Changing person or social patterns
- Change of health, physical and mental
- Relocation
- Increase in personal home or security
What does Section 2B Protection of Harassment Act 1997 allow Police to do?
The police have a power of entry in relation to the stalking offence where a constable can apply to a magistrates court for the issue of a warrant of entry and search providing there are reasonable grounds to believe an offence has been, or is being committed. The constable may use force if necessary to execute the warrant - and seize any relevant material
List the defences for Section 2 and 4 PHA 1997
No offence will be committed if the course of conduct was carried out either:
- For the purpose of either preventing or detecting crime
- Under a rule of law
- That in particular circumstances the pursuit of the conduct was reasonable
What advise would you give victims in relation to stalking and harassment?
- Record ALL events no matter how minor
- Retain physical evidence such as letters, notes etc
- Victims should also be advised to keep copies of any injunctions or restraining orders and to produce their copy to the police if the order is breached
- To take photographs of any visible evidence. These can then be exhibited subject to admissibility
