stalking and harrassment Flashcards
whats s2 pha 1997 points to prove
a person must not peruse a course of conduct which
- amounts to harassment of another and
- he knows or ought to know amounts to harrasment of another
a person who persues a course of conduct is in breach of s1 is guilty of an offence
harrassment what is S1 and S2
protection from harrassment act
a person must not pursue a course of conduct which:
ammount to harrasment of another
AND
he knows or ought to know amounts to harassment of the other
whats a course of conduct for harrassment
- at least two occations, although fewer or longer apart is less likely to be proven
- it is not just restricted to actions it includes speech
whats the def of harrassment and where is it found
in the protection from harrassment act of 1997 - S1
– harrassment - likely to cause harm, alrm or distress does not have to be both togeather
s4 protection from harrassment 1997
INVOLVING FEAR OF VIOLENCE OR SAD
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 conduct will cause the other to fear violence on each of those occasions
what are the defences for putting people in fear of violence and sec
s4 protection from harrassment act
- so
- conduct done for preventing or determing a crime
- the conduct was reasnoble for protection of themselves, another or property
racially aggi stalking harrassments - which acts apply
and apply to
S2, S2A, S4 AND S4A pha
WHATS RACIALLLY aggi stalking sec and def
S32 crime and disorder act 1998
- at the time or immedeatly before or immeditely after commiting the offence.
the offender demonstrates towards the victrim hostility based on the victims membership or presumed membership of a racially or religous group
OR the offence is motivated wholly or partly by hostility towards members of a reavial or religious group
STALKING sec and def
S2A protection from harassment 1997
a person is guilty of an offence if
a - the person pursues a course of conduct in breach of s1
b- the course of conduct amount to stalking, a persons course of conduct amount to stalking of another person if
- a it amount to harrassment of that person
- b the acts or omissions involved are ones associated with stalking
- the person whose course of conduct he knows or ought to know that the course of conduct amounts to harrassment of the other
s4a protection from harrassment act 1997
STALKING AND Putting someone in fear or voilence/had
a persons whose course of conduct amount to stalking and either
- causes another to fear on at least two occasions that violence will be used against them or causes serious alarm or distress which has substantial adverse effect on Bs usually day to day activities
- A 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 HAD
difference between 4a and 2a protection from harrassment act
- 4a is worse as it causes someone to make substanital changes to their usual day to day
what are the defences for stalking
- for purpose of either preventing or detecting crime
- under rule of law
- that in particular circs the persuit of conduct was reasonable