Stalking and Harassment

Question 1

S.1 Protection from Harassment Act 1977

Answer 1

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.

Question 2

S.1A Protection from Harassment Act 1977

Answer 2

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

Question 3

S.2 Protection from Harassment Act 1977

Answer 3

A person who pursues a course of conduct in breach of section 1 or 1A is guilty of an offence.

Question 4

Course of Conduct (Harassment)

Answer 4

-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.

Question 5

Harassment - differences between S.2 and S.4?

Answer 5

S.2 - Harassment causes alarm or distress
S.4 - Fear of violence

Question 6

Proof of harassment

Answer 6

Evidence should show conduct was:
-targeted & calculated to cause distress and oppressive and unreasonable

Question 7

Defences to Section 2 - S.1(3) Protection from harassment act 1977

Answer 7

-Preventing or detecting
-Under any enactment or rule of law
-In the circumstances it was reasonable

Question 8

Fear of Violence - S.4 Protection From Harassment Act 1997

Answer 8

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

Question 9

Defences to Section 4 - S.4(3) Protection from Harassment Act, 1997

Answer 9

-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

Question 10

Define Stalking

Answer 10

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)

Question 11

S.2A Protection from Harassment Act 1977

Answer 11

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

Question 12

FOUR

Answer 12

Fixated - directed at victim
Obsessive - can’t let go
Unwanted
Repeated

Question 13

Types of Stalking

Answer 13

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

Question 14

Types of Stalkers

Answer 14

-Rejected stalkers
-Intimacy seeking stalkers
-Resentful stalkers
-Predatory stalkers
-Incompetent suitors

Question 15

Defences to Section 2A - 1(3) Protection from Harassment Act 1997

Answer 15

-Preventing or detecting crime
-Under any enactment or rule of law
-In the circumstances it was reasonable

Same as defences to harassment.

Question 16

Power of Entry - S.2B Protection From Harassment Act 1997

Answer 16

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?

Question 17

Stalking Involving Fear of Violence or Serious Alarm or Distress - S.4A Protection From Harassment Act 1997

Answer 17

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.

Question 18

Defences to Section 4A - S.1(3) Protection from Harassment Act 1997

Answer 18

-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

Question 19

Defences for Harassment and Stalking

Answer 19

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

Question 20

Sentencing for harassment

Answer 20

Summary only
-Max sentence is 6 months
-Power of arrest without warrant (constable only)

Question 21

Racially or religiously aggravated harassment or stalking

Answer 21

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.

Question 22

CHAP

Answer 22

-Criminal damage
-Harassment
-Assault
-Public Order

All of the above offences can be religiously or racially aggravated

Question 23

Sentencing for Stalking

Answer 23

Either way offence
-Max 10 years imprisonment
-Power of arrest without warrant - constable/other persons

Question 24

Sentencing for aggravated harassment

Answer 24

Either way offence
max sentencing 2 years
Power of arrest without warrant - constable/other persons

Question 25

Aggravated Stalking

Answer 25

Triable either way
Up to 14 years imprisonment
Power of arrest without warrant - constable/other persons

Question 26

Court Powers to Deal with Offenders

Answer 26

-Restraining Orders
-Stalking Protection Orders
-Injunctions (Civil Remedy)

Question 27

Restraining Orders on Conviction - Sentencing Act, 2020

Answer 27

The court may make a restraining order to protect the victim(s) from conduct which amounts to harassment or fear of violence.

Question 28

Sentencing for breaching Restraining Orders

Answer 28

Either way offence
Max sentencing is 5 years and/or fine

Question 29

Sentencing for Stalking Protection Order Breach

Answer 29

Either way offence
Max sentencing - 5 years imprisonment