The Alternative Jurisdiction: Protection from Harassment Act Flashcards
What does S 1 PFHA say
S 1(1) must not pursue a course of conduct that (a) amounts to harassment, and (b) knows or ought to know will amount to harassment.
Is there a definition of harassment
there is no general definition, but it includes causing distress and alarm S 7(2)
What section indicates that conduct includes speech
S 7(4)
What does S 7(3) say
a course of conduct is more than one incident
What happened in Laws v DPP
a course of conduct means the incidents must be causally linked confirmed in R v Hill
What happened in Buckley & Smith v Director of Public Prosecutions
two incidents in the same day amounted to harassment.
What happened in R v AJR
stabbed his daughter, however could not access PFHA as there was only one incident
What happened in R v Widows
should not be used where the couple intended to stay together
What was help in Singh v Bhakar
can be used in the family context
What does S 2 do
creates a criminal offence for breach of a PRHA order where non-violent harassment
What does S 4 do
creates an aggravated offence of harassment where there has been harassment which has caused a serious fear of violence
is breach of a civil injunction criminal
breach of a civil injunction S 3(3) is a criminal offence S 3(6)
What section covers restraining orders
S 5/5A- but a criminal prosecution is required and a breach would be a criminal offence
Which section awards damages for anxiety
S 3(2)- Sighn v Bhakar, damages for clinical depression suffered
In sentencing what was the sentence imposed in R v Hayes; R v Little
15 months for a second breach
