Card Set Information

2009-12-13 09:34:26
Sections 1 2 and 3

The Protection from Harassment Act 1997
Show Answers:

  1. Section 1 (causing harassment):
    "prevents a person pursuing a course of conduct which,

    - amounts to harassment of another and

    - which he/she knows or ought to known amounts to harassment"
  2. Section 2 (causing harassment):
    "a person who pursues a course of conduct as stated in section 1 shall be guilty of the offence!
  3. The act deals with a specific persistant offender.

    A course of conduct MUST involve 2 or more occasions of harassment.
    A course of conduct can be in speach or actions or both.

    2 or more separate incidents are required, they do not have to be of the same type (and not one continuous act).
  4. Harassment = alarming or distressing someone.
    Police can then step in before the problem escalates.
  5. The person being harassed can be a third person:
    i.e. children are playing in a park, a lady watches a man taking photos of them, she is alarmed and after seeing him on 2 occasions is alarmed/distressed.
  6. POINTS TO PROVE Section 1 & 2.
    - The suspect had pursued a course of conduct

    - The course of conduct amounts to harassment of another

    - The suspect knowns or ought to know it was harassment.
  7. DEFENCES for Section 1 & 2
    1. It was pursued for preventing and detecting crime

    2. it was pursued under an enactment or rule of law

    3. The conduct was lawful and reasonable.
  8. Preventing and detecting crime include...

    PC, PCSO, social security officer, customs and excise officers, immigration, store detective, bus inspector.
    Rule of law and enactment of law include...

    Gas or water board to enter and cut off suply, or bailiff and other people to execute warrants from the courts.
    Looks at putitng a person in fear of violence.

    Requires a course of conduct

    But this time causes a person to fear at least 2 times that violence will be used against them
  10. POINTS TO PROVE Section 4:
    - The course of conduct

    - Caused another person to fear violence

    - On at least 2 occasions voilence used against them)

    - the suspect knowns or ought to know the conduct would have made someone fear violence.
  11. DEFENCES Section 4:
    1. The conduct was done for preventing and detecting crime.

    2. the course of conduct was pursed under an enactment or rule of law.

    3. the conduct was reasonable to protect himself or another, or their or anothers property.
  12. Section 3 Civil Injunctions
    If not enough evidence for a criminal proceeding, a person might pursue a civil action.

    It provides a remedy for harassment to get damage or an injunction.
  13. There must be an actual or anticipated offence of harassment.

    The victim can make a claim from the county court or high court.
    If a civil injunction is breached it will be a criminal offence.

    Court may issue warrant for arrest if breached.
  14. Breaches of civil injunctions:
    - A breach under S3 is a criminal offence.

    - Tried either way (Mag=6months, Crown= 5years or fine)

    - Only one act is sufficient to breach.

    - If solely dealt with by civil court they will issue warrant it breached.
  15. Section 5

    Restraint Orders.
    Before a restrain can be put in place,

    The court must have convicted the suspect for harassment or for putting a person in fear of violence being used against them.
  16. The purpose is to provide protection for further conduct which:
    - amounts to harassment

    - gives protection to the person named in the order

    - prohibits the suspect from doing set things

    - can be varied and replaced by the victim/prosecution.
  17. Public allegation of harassment; How police deal.
    If one incident is reported MPS give warning to suspect.

    Warning might then stop the harassment

    Warning is tangible and can be used in court if required.

    Warning form is 9993 "sllegation of harassment"

    (record it in PB, EAB and comments made by suspect)