Stalking and Harassment Flashcards
S.1 Protection from Harassment Act 1977
A person must not pursue a course of conduct -
(a) which amounts to harassment of another, and
(b) which he knows or ought to know amounts to harassment of the other.
S.1A Protection from Harassment Act 1977
1(1A) 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.
(c) and 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
S.2 Protection from Harassment Act 1977
A person who pursues a course of conduct in breach of section 1 or 1A is guilty of an offence.
Course of Conduct (Harassment)
-Must involve conduct on at least two occasions
-Not restricted to action, can be speech
-Kelly v DPP - 3 phone calls in quick succession is a course of conduct. You don’t need to be alarmed three separate times.
Harassment - differences between S.2 and S.4?
S.2 - Harassment causes alarm or distress
S.4 - Fear of violence
Proof of harassment
Evidence should show conduct was:
-targeted & calculated to cause distress and oppressive and unreasonable
Defences to Section 2 - S.1(3) Protection from harassment act 1977
-Preventing or detecting
-Under any enactment or rule of law
-In the circumstances it was reasonable
Fear of Violence - S.4 Protection From 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 so to fear on each of those occasions
Defences to Section 4 - S.4(3) Protection from Harassment Act, 1997
-Preventing or detecting crime
-Under any enactment or rule of law
-It was reasonable for the protection of himself or another or for the protection of his or another’s property
Define Stalking
A pattern of unwanted, fixated and obsessive behaviour which is intrusive. It can include harassment that amounts to stalking or stalking that causes fear of violence or serious alarm or distress in the victim
(CPS, 2023Bb)
S.2A Protection from Harassment Act 1977
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 omissions 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 person
FOUR
Fixated - directed at victim
Obsessive - can’t let go
Unwanted
Repeated
Types of Stalking
Following a person
Contacting or attempting to contact
Publishing any statement or other material
Monitoring
Loitering
Interfering with any property in possession of a person
Watching or spying on a person
Cyber-Crime
Types of Stalkers
-Rejected stalkers
-Intimacy seeking stalkers
-Resentful stalkers
-Predatory stalkers
-Incompetent suitors
Defences to Section 2A - 1(3) Protection from Harassment Act 1997
-Preventing or detecting crime
-Under any enactment or rule of law
-In the circumstances it was reasonable
Same as defences to harassment.
Power of Entry - S.2B Protection From Harassment Act 1997
You can apply for a warrant to enter and search under reasonable grounds if you believe a stalking offence has occurred. Want material to be found that could be evidence?
Stalking Involving Fear of Violence or Serious Alarm or Distress - S.4A Protection From Harassment Act 1997
A person whose course of conduct amounts to stalking, and either -
(i) Causes another to fear, on at least two occasions, that violence will be used against him/her, OR
(ii) causes another serious alarm or distress which has a substantial adverse effect on his/her usual day to day activities
Is guilty of an offence if they know or ought to know that their course of conduct will cause the other to fear on each of those occasions or will cause such alarm or distress.
Defences to Section 4A - S.1(3) Protection from Harassment Act 1997
-Preventing or detecting crime
-Under any enactment or rule of law
-It was reasonable for the protection of himself or another or for the protection of his or another’s property
Defences for Harassment and Stalking
For Both:
-Preventing or detecting crime
-Under any enactment or rule of law
Harassment (S.2/S.2A)
-In the circumstances it was reasonable
Stalking (S.4/S.4A)
-It was reasonable for the protection of himself or another or for the protection of his or another’s property
Sentencing for harassment
Summary only
-Max sentence is 6 months
-Power of arrest without warrant (constable only)
Racially or religiously aggravated harassment or stalking
At the time, immediately before or after, the offender demonstrates hostility towards the victim’s (presumed) membership of a racial/religious group.
OR the offence is motivated by hostility towards members of a racial/religious group.
CHAP
-Criminal damage
-Harassment
-Assault
-Public Order
All of the above offences can be religiously or racially aggravated
Sentencing for Stalking
Either way offence
-Max 10 years imprisonment
-Power of arrest without warrant - constable/other persons
Sentencing for aggravated harassment
Either way offence
max sentencing 2 years
Power of arrest without warrant - constable/other persons
Aggravated Stalking
Triable either way
Up to 14 years imprisonment
Power of arrest without warrant - constable/other persons
Court Powers to Deal with Offenders
-Restraining Orders
-Stalking Protection Orders
-Injunctions (Civil Remedy)
Restraining Orders on Conviction - Sentencing Act, 2020
The court may make a restraining order to protect the victim(s) from conduct which amounts to harassment or fear of violence.
Sentencing for breaching Restraining Orders
Either way offence
Max sentencing is 5 years and/or fine
Sentencing for Stalking Protection Order Breach
Either way offence
Max sentencing - 5 years imprisonment
