Stalking + Harassment Flashcards
Define Section 1 + 2 of Protection from Harassment Act 1997
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 another
2 - A person who pursues a course of conduct in breach of S1 is guilty of an offence.
Define S1(A) Protection from Harassment Act 1997
A person must not PURSUE A COURSE OF CONDUCT which:
Involves harassment of two or more persons
He knows or ought to know involved harassment of those persons
Intending to persuade any person NOT TO DO SOMETHING he is entitled to do
or
To DO SOMETHING he is not under any obligation to do.
What are the main points of harassment course of conduct S1 (1A)?
Must involve conduct on at least x2 occasions
Not restricted to actions + includes speech
Does not need to be same type
Does not have to be done by same person
What is the meaning of “Harassment”?
Likely to cause alarm or distress.
(Does not need to be both)
Unwanted + Repeated behaviour
Define S4 Protection from Harassment Act 1997
Putting people in fear of violence.
A person whose course of conduct causes another to fear on at least 2 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 occassions.
Outline Stalking
Following a person
Contacting / attempting to contact
Monitoring use of internet, email, phone
Loitering in any place public or private
Interfering with property
Watching/spying
Publishing material relating to person
Define S4A Protection Against Harassment Act 1997
A person whose COURSE OF CONDUCT
Amounts to STALKING
AND either:
Causes another to fear on at least x2 occasions violence will be used against them
OR
Causes serious alarm or distress which has substantial adverse effect on usual day to day activities
Define Racially or Religiously aggravated S32 Crime and Disorder Act 1988
At the time or immediately before or immediately 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
List substantial adverse effects stalking might have on day to day life
Changing work
Changing patters
Changing social patterns
Change in mental/physical health
Relocation
Increase in home security