Stalking and Harrassment Flashcards
Section 1 & 2 – Protection from Harassment Act 1997 (Prohibition of harassment)
Section 2 – Offence of harassment
A person must not pursue a course of conduct which:
(a) Amounts to harassment of another,
(b) He knows or ought to know amounts to harassment of the other
A person who pursues a course of conduct in breach of Section 1 is guilty of an offence.
Section 1a - Protection from Harassment Act 1997 (Two or more persons)
A 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 AND
(c) By which he intends to persuade any person
(d) Not to do something that he is entitled or required to do OR
(e) To do something that he is not under any obligation to do
Section 4 - Protection from Harassment Act 1997 (Putting people in fear of violence)
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
Section 2A - Protection from Harassment Act 1997 (STALKING)
A person is guilty of an offence if –
(A) The person pursues a course of conduct in breach of Section 1
(B) The course of conduct amounts to stalking
(C) A person’s course of conduct amounts to stalking of another person if
(D) It amounts to harassment of that person
(E) The acts or omissions involved are ones associated with stalking &
(F) The person whose course of conduct it is knowing or ought to know that the course of conduct amounts to harassment of the other
Section 4A - Protection from Harassment Act 1997 (Stalking involving fear of violence)
A person (a) whose course of conduct amounts to stalking AND either causes another (b) to fear on at least two occasions that violence will be used against (b)
OR
Causes (b) serious alarm or distress which has a substantial adverse effect on (b)’s usual day to day activities
Is guilty of an offence if (a) knows or ought to know that (a)’s course of conduct will cause (b) so to fear on each of those occasions or (as the case may be) will cause such alarm or distress.
Stalking: Power of Entry for Stalking (2b) If they commit (2a)
The police have a power of entry in relation to the stalking offence where a constable can apply to the magistrate’s court for the issue of a warrant of entry and search providing there are reasonable grounds to believe an offence has been committed.
Section 5 Protection from Harassment Act 1997 (Restraining order on conviction)
A restraining order may be placed by the court to protect either:
The victim of the offence or any person
From further conduct that either amounts to harassment or will cause fear of violence
Prohibit the defendant from doing anything described in the order
