Stalking And Harassment Flashcards
What is section 1 of the 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.
What is section 1 (1A) of the Protection from Harassment Act 1997?
A person must not pursue a code of conduct which:
A) involves harassment of two or more person
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)
1) not do something that he is entitled or required to do OR
2) to do something that he is not under any obligation to do
What is section 4 of the 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 to fear violence on each of those occasions.
The violence can be in the future for this offence as long as the fear of it is in the present tense.
Sentencing can be increased if the offence is racially or religiously aggravated. What power does this come under?
Section 32 Crime and Disorder Act 1998-
At the time of or immediately before or immediately after committing the offence
The offender demonstrates towards the victim of the offence hostilities based on the victims:
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
What is section 2A Protection From Harassment Act 1997?
A person is guilty of an offence if:
A) he pursues a course of conduct that is in breach of section 1(1) and
B) the course of conduct amounts to stalking
A persons course of conduct amounts to stalking of another person if:
A) it amounts to harassment of that person
B) the acts and omissions involved are associated with harassment 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
What is section 4A Protection from Harassment Act 1997?
A person who’s course of conduct
A) amounts to stalking and
B)either
1) causes another B to fear, on at least two occasions that violence will be used against them OR
2) causes B serious alarm or distress which has a substantial adverse effect on Bs usual day to day activities,
Is guilty of an offence if A knows or ought to know that As course of conduct will cause B to fear on each of those occasions or will cause such alarm or distress
Under what section of the harassment act can a police Constable get power of entry?
Under section 2A of the PHO 1997, the police have powers to enter in relation to a stalking offence.
Warrant to be applied for from magistrates court if there are reasonable grounds to believe an offence has been or is being committed.
What is an SPO?
Stalking Protection Orders are orders that manage alleged suspects through use of prohibitions and/or positive requirements as well as imposing notification requirements on the suspect.
They are not alternatives for prosecution
What is a Restraining Order under section 5?
A restraining order is an order that is placed by the court to protect either:
The victim of the offence
Or any other person mentioned in the order
From further conduct that either amounts to harassment or will cause fear of violence.
It prevents the defendant from doing anything mentioned within the order.
S5 PHA 1997
