Stalking & Harassment Flashcards
Harassment
Section 1&2 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 amount to harassment of the other
A person who purses a course of conduct in breach of section 1 is guilty of offence
Section 1A
A person must not pursue a course of conduct
A) which involves harassment of two or more person and
B) which he knows or ought to know involves harassment of those person and
C) by which he intends to persuade any person
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
Course of conduct
This must involve conduct on at least 2 occasions
It is not restricted to actions, includes speed
Does not have to be of the same type
It does have to be done by same person
Section 4 PHA 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 in each of those occasions
Section 32 crime & disorder act 1998
Specifies the offence of harassment which can be racially or religiously aggravated- thereby increasing the powers available to courts when sentencing
Stalking section 2A PHA 1997
A person is guilty of an offence if:
A) the person purses a course of conduct in breach of section 1and the course of conduct amounts to stalking
Stalking
Following a person
Contacting OR attempt to contact
Watching or spying on a person
Stalking section 4(a) PHA 1997
A person whose course of conduct
A) amounts to stalking and
B) either
Causes another B to fear on at least two occasions that violence will be used against them 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 A’s course of conduct will cause B fear on each of those occasion or will cause such alarm or distress
Stalking power of entry
Under section 2B PHA 1997 the police have a power of entry in relation to the stalking offence where a constable can apply to the magistrates court for the issue of a warrant of entry and search providing there are reasonable grounds to believe an offence has been, or is being committed
Defences to the act
If course of conduct was carried out:
Under a rule of law
Preventing or detecting crime
Stalking protection orders (SPOS)
The stalking protection act 2019 introduces a new civil order which can be sought by the police. These orders manage the alleged suspect through use of prohibitions and /or positive requirements as well as imposing notification requirements on the suspect
Restraining orders
Section 5 PHA 1997
A restraining order may be placed by the court to protect either:
The victim of the offence or any other 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
