Stalking And Harassment Flashcards
Protection from harassment act
Section 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 involves harassment of those persons.
A person must not pursue a course of conduct
(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.
Offences of harassment
A person who pursues a course of conduct in breach of section 1 or 1a is guilty of an offence
Section 4 - fear of violence
A person whose course of conduct:
o Causes another to fear, on at least two occasions, that violence will be used against them is guilty of an offence
o 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
o Preventing or detecting crime
o Under any enactment of rule of law
o In the circumstances it was reasonable
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’
FOUR
Fixated
Obsessive
Unwanted
Repeated
Types of stalkers
- Rejected stalkers
- Intimacy seeking stalkers
- Resentful stalkers
- Predatory stalkers
- Incompetent suitors
Section 2B - powers of entry
Section 2B provides a power of entry in relation to the offence of stalking:
A justice of the peace may, on application by a constable issue a warrant authorising a constable to enter and search premises if they are satisfied there are reasonable grounds for believe in
An offence has or is being committed
Material on the premises of substantial value
Stalking involving fear of violence
A person who’s course of conduct amounts to stalking, and either
(I) Causes another to fear, on at least two occasions, that violence will be used against them.
(II) Causes another serous alarm or distress which has a substantial adverse effect on his/ her usual day to 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 will cause such alarm or distress.
Defences overview
General defences (S.2, 2A, 4 AND 4A)
- Preventing or detecting crime
- Under any enactment or rule of law
Specific to S.2 and 2A
- In the circumstances it was reasonable
Specific to s4 AND 4A
- It was reasonable for the protection of himself or another or for the protection of his or another’s property.
Powers
Sections 1, 2 & 2A of the protection from harassment act (1997)
o Triable summarily
o Maximum sentence is 6 months
o Power of arrest without a warrant
Restraining orders
(1) This section applies where a court is dealing with an offender for an offence
(2) The court may make a restraining order under this section against the offender for the purpose of protecting the victim or victims of the offence, or any other person mentioned in the order, from conduct which –
(a) Amounts to harassment
(b) Will cause fear of violence
(3) But the court may make a restraining order under this section only if it does so in addition to dealing with the offender for the offence
