Stalking And Harrasment

Question 1

What is the definition of a course of conduct?

Answer 1

• two or more occasions
• amounts to harassment of another
• knows/ ought to know it amounts to harassment
• two isolated incidents not enough
• the further apart the less considered a course of conduct

Question 2

What section and act is Harassment Without Violence?

Answer 2

S2 Protection from Harassment Act 1997

Question 3

What is the definition of S2 Protection from Harassment Act 1997:

Harassment Without Violence

Answer 3

• course of conduct
• amounts to harassment
• does not have to be malicious/ spiteful/ threatening/ abusive

Question 4

What section and act is the offence of stalking?

Answer 4

S2A Protection from Harassment Act 1997

Question 5

What is the definition of S2A Protection from Harassment Act 1997:

Stalking

Answer 5

• course of conduct
• amounts to stalking

- includes:
— following
— contacting
— publishing statements/ materials relating to or pretending to be a person
— monitoring internet/ email/ electronic communications
— loitering (public or private)
— interfering with property
— watching/ spying

Question 6

What is S2B Protection from Harassment Act 1997?

Answer 6

Power of Entry and Seize/ Retain/ Use of Force

• on warrant
• Reasonable grounds to believe S2A Stalking has been committed and material of evidential value is present.

Question 7

What section and act is the offence of Harassment - Putting People in Fear of Violence.

Answer 7

S4 Protection from Harassment Act 1997

Question 8

What is the definition of S4 Protection from Harassment:

Harassment - Putting in Fear of Violence

Answer 8

• put in fear of violence
• as result of harassment
• course of conduct
• each occasion lead to fear of violence
• person knows/ ought to know
• a reasonable person would be put in fear of violence

Question 9

What section and act is Stalking Involving Fear of Violence or Serious Alarm and Distress?

Answer 9

S4A Protection from Harassment Act 1997

Question 10

What is the definition for S4A Protection from Harassment Act 1997:

Stalking Involving Fear of Violence or Serious Alarm of Distress

Answer 10

• course of conduct
• stalking
• cause fear on at least two occasions that violence will be used against them

or

• cause serious alarm/ distress
• that has a substantive effect of day to day activities

Question 11

What is S3 Protection from Harassment Act 1997?

Answer 11

Civil Remedy- including injunctions and damages

Question 12

What is S5 Protection from Harassment Act 1997?

Answer 12

Restraining Orders

• civil
• on conviction or acquittal
• restricts persons behaviour