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Police Training > Stalking & Harassment > Flashcards

Stalking & Harassment Flashcards

1
Q

Sections 1 & 2 Protection from Harassment Act 1997 states;

“A person must not…..

A

…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.

(Section 2 merely states that - a person who pursues a course of conduct in breach of section 1 or 1A commits an offence).

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2
Q

3 Defences area available to the section 2 offence, what are they?

A
  1. That the course of conduct was pursued for the purpose of preventing or detecting crime.
  2. That ut was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment.
  3. or.. that in the particular circumstances the pursuit of the course of conduct was reasonable.
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3
Q

Section 1 sub section (1A) makes it an offence to what?

A

1 (1A) Protection from Harassment Act makes it an offence….
“for a person, or persons to pursue a course of conduct involving the harassment of 2 or more people - on separate occasions which the defendant knows or ought to know involves harassment, the purpose of which is to persuade any person* not to do something that he is entitled to do or to do something he is not under any obligation to do.

(* this does not have to be one the people being harassed).

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4
Q

Section 1 (1A) can be broken down into 6 points - name all 6…

A
  1. A person must not pursue a course of conduct…
  2. ..which involves harassment of 2 or more people and…
  3. .. which he knows or ought to know involves the harassment of those people and…
  4. ..by which he intends to persuade any person (whether or not they are mentioned above)…
  5. .. not to do something that he is entitled or required to do or…
  6. ..to do something he is not under any obligation to do.
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5
Q

For an offence under section 1 (1A) what is meant by a ‘course of conduct’ ?

A

A course of conduct must involve conduct on at least 2 occasions,
and regarding 2 or more persons - it means conduct on at least one occasion in relation to each person.

(Court will determine if- 2 or more amount to a ‘course of conduct’ leading to HAD
However the fewer and wider spread the incidents the less HAD will be proven).

Note: Incidents a year apart could be a course of conduct - for example; an anniversary.

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6
Q

Summarise “Harassment”

A

A series of incidents, that may not commission to a substantive offence, but when looked at as a ‘course of conduct’ are likely to cause fear, alarm or distress.

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7
Q

Summarise “Stalking”

A

A series of incidents that cause serious alarm or distress - and the suspect ought to have known this.
Can include loitering places the victim frequents.
Sending gifts.
Repeatedly contacting a victim, possibly monitoring their eMail and internet use.

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8
Q

Summarise “Controlling Behaviour”

A

A range of acts designed to make a person subordinate and or dependent by;
isolating them from sources of support,
exploiting their resources and capabilities for personal gain,
depriving them of the means needed for independence, resistance and escape
and regulating their every day behaviour.

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9
Q

Summarise “Coercive Behaviour”

A

A continuing act, or pattern of acts of assault, threats or humiliation and intimidation,
or other abuse used to harm, punish or frighten the victim.

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10
Q

With regards to “Course of Conduct Crimes” - when do we record a new offence?

A

One offence of stalking, controlling or coercive behaviour may not amount to a crime - HOWEVER…
when considered as a ‘series’ of individual incidents they are deemed a ‘course of conduct crime’.
Further incidents between the same parties - after it has been reported to Police - but no formal action has been taken - add these to the original Occ. & update OEL
* NO NEW CRIME *

If action HAS Been taken.
Record a new crime.
If there are other offences - record as the most serious.

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11
Q

In what priority would we consider offences in this area?

A

Stalking.

Harassment with Violence (Section 4)

Controlling & Coercive

Harassment without Violence (S2)

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12
Q

Section 7 of the Protection from Harassment Act determines the meaning of…..?

A

Harassment.

Including ‘alarm & distress’

Behaviour is repeated and unwanted.

Note: ‘likely to cause alarm or distress, can be either/or ‘alarm’ or ‘distress’ doesn’t have to be both together.

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13
Q

Summarise what is meant by “ought to know”

A

It’s an objective test.
It is irrelevant whether the accused was actually ‘subjectively aware’ their conduct amounted to harassment - even if they were oblivious.
They would still be guilty if a reasonable person in possession of the same information would think the conduct would amount to harassment.

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14
Q

PHA 1997 - Section 4 covers what aspect…?

A

‘Putting people in fear of violence’

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15
Q

Define Section 4, PHA 1997

A

“A person whose course of conduct..
..causes another to fear on at least 2 occasions..
that violence will be used against them..
IF
they know or ought to know that their course of conduct will cause the other to fear violence on each of those occasions.

** NOTE **
The course of conduct must cause the victim to fear violence WILL be used rather than MIGHT be used.

Beware: In previous exams…
Causing the victim to fear what MIGHT happen in the future is not enough.
(The violence in this offence can be in the future as long as the fear of it in present tense).

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16
Q

Section 32 Crime and Disorder Act 1998 covers which offences?

A

Those that are Racially or Religiously Aggravated

17
Q

Section 32 Crime and Disorder Act 1998 specifies which 4 offences of Harassment can be ‘racially or religiously aggravated’ ?

A

Section’s 2, 2A, 4 & 4A

Racially or Religiously Aggravated Harassment.

18
Q

Offences that can become racially or religiously aggravated can be grouped into 4
categories - what are they?

A

Assaults. (s.20 GBH, s.47 ABH, s.39 common assault)

Criminal Damage.

Public Order. (s. 4, 4a & 5 POA)

Harassment. (s.2, 2a, 4 & 4a PHA)

19
Q

Define how an offence is ‘Racially or Religiously Aggravated’

A

At the time OR immediately before or after committing the offence…
..the offender demonstrates towards the victim hostility based on the victims…
membership or presumed membership of a racial or religious group or..
the offence is motivated wholly or partly towards members of a…
racial or religious group based on the membership of that group.

20
Q

Stalking is covered by what section of the PHA 1997?

A

Section 2A

21
Q

For an offence under section 2a PHA - what are the elements that constitute an offence?

A
  1. A course of conduct.
  2. In breach of section 1(1) PHA (ie: a course of conduct that amounts to harassment).
    3 and the course of conduct amounts to stalking.*
22
Q

Give some examples of ‘stalking’

5 points

A
  1. Following a person.
  2. Contacting or attempting to contact a person by any means.
  3. Monitoring the use by a person of internet/eMail any other electronic comms.
  4. Loitering in any place (public or private).
  5. Interfering with any property in a person’s possession.
  6. Watching or spying on a person.
  7. Publishing any statement or material relating or purporting to relate to or from a person.
23
Q

Stalking is covered by section 4a also.

What are the differences between section 2a and section 4a offences?

A

Offences under section 4a include extra elements;
The course of conduct causes the victim to fear violence on at least 2 occasions, and…
The course of conduct causes the victim serious alarm or distress which has a substantial effect on their day to day life.

24
Q

The phrase “substantial adverse effect on… usual day-to-day activities” is not
defined in section 4A and thus its construction will be a matter for the courts.
However, points to consider include…
(7 points)

A

Home Office suggest that evidence of a substantial adverse effect may include the
following:
(a) the victim changing their routes to work, work patterns, or employment;
(b) the victim arranging for friends or family to pick up children from school (to avoid
contact with the stalker);
(c) the victim putting in place additional security measures in their home;
(d) the victim moving home;
(e) physical or mental ill-health;
(f) the deterioration in the victim’s performance at work due to stress;
(g) the victim stopping /or changing the way they socialise.

25
Q

Under Section 2B PHA - police have a power of entry in relation to stalking offences - explain how….

A

Apply to the magistrates court for a warrant of entry and search, providing there are reasonable grounds to believe…

a. an offence under Sec.2a has been or is being committed.
b. there is material on the premises likely to be of substantial value to the investigation.
c. the material is likely to be admissible in evidence at trial.

26
Q

Outline “Stalking Protection Orders”

A

The Stalking protection Act 2019 introduced this ‘civil order’ which can be sought by police.

Came into effect January 2020.

SPO’s manage the alleged suspect by using prohibitions &/or positive requirements (eg. attend & sign),
as well as imposing notification requirements on the suspect.

SPO’s are not an alternative to prosecution.

27
Q

How do we apply for a Stalking Protection Order?

A
  1. OIC speak to Supervisor (PS)
  2. Request authority from Superintendent.
    (If this is not authorised - review risk and other safeguarding options, if it is…. &raquo_space; )
  3. OIC complete court application.
  4. Confirm summons issued for BOTH interim and main SPO applications.
  5. Serve the summons on the respondent.
  6. SPO application heard in court.
  7. OIC update crime/OEL/Victim/PNC
28
Q

Restraining Orders are covered by Section 5 PHA 1997 - outline Restraining Orders….
(5 points)

A
  1. A Restraining Order may be placed by the court..
  2. ..to protect either the victim of the offence or any other person mentioned in the order..
  3. ..from further conduct that either..
  4. ..amounts to harassment or will cause fear of violence..
  5. ..prohibit the defendant from doing anything described in the order.

Police Training (22 decks)

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