Harassment in the Civil and Criminal Courts Flashcards
Q: What did the 1997 Act introduce for both the civil and criminal world?
1997 Act created a civil tort, as well as a criminal offence.
Q: What can the High/County Court issue in respect of civil proceedings if there is a breach?
High court or County court may issue an injunction in respect of civil proceedings brought in respect of any actual or apprehended breach of s1(1) or s1(1A) of the Act.
Q: What does ‘apprehended’ mean?
Talking about the future- something we fear is going to happen.
Civil court can act before the offensive behaviour has happened, unlike criminal.
Eg: to stop someone being harassed in the first place.
Q: What can you do if you have been a victim of harassment? (Civil)
If you have been a victim of harassment or fear that you might be, you can go to the local civil court and claim an injunction. Can also claim compensation for harm suffered- damages may be awarded for any anxiety caused by the harassment and any financial loss resulted (s3(2))
Q: What is the standard of proof in civil courts?
The standard of the proof in civil courts is balance of probabilities. Just need to prove that something is more likely than not. Do not need to meet criminal standard of beyond reasonable doubt.
Where there is a dispute of factual evidence, whether an incident really did happen or happen in the way the claimant said it did, it is much easier to satisfy the civil than criminal court.
Q: Why do the criminal and civil worlds cross over in relation to harassment?
Civil injunctions for harassment can have powers of arrest attached to them.
Breach of civil injunction can amount to a criminal offence.
Q: What is the law on the civil remedy to protect a person from harassment?
S3 1997 Act
(3)Where-
(a) the High Court or County Court grants an injunction for the purpose of restraining the defendant from pursuing any conduct which amounts to harassment, and
(b) the complainant considers that the defendant has done anything which he is prohibited from doing by the injunction,
the complainant may apply for the issue of a warrant for the arrest of the defendant.
Q: How do injunctions relate to offences under s1(1A)?
S3A- additionally permits injunctions to be applied for in the case of s1(1A) offences (where multiple individuals may be targeted to disrupt the normal business activities of certain organisations). In such cases, the person who is the direct victim of the course of conduct or any person at whom the intimidation is aimed may apply for an injunction.
Companies are also in this case permitted to seek injunctions on behalf of their employees.
Q: What criminal power can be attached to injunctions?
Warrants of arrest may be attached to either form of these injunctions.
Q: What civil offence is a breach of a civil injunction?
Breach of a civil injunction is a contempt of court and the civil court have the power to send those in contempt to prison. You can be fined, have your assets removed or get sent to prison for a maximum of 2 years.
Q: Is a breach of a civil injunction a criminal offence?
Breach of a civil injunction is also a criminal offence. Where D does anything he is prohibited from doing by a civil injunction, without reasonable excuse, he is guilty of a triable either way offence under s3(6) of the 1997 Act. This carries a maximum sentence of 5 years.
Q: Which court deals with a person for breaching a civil injunction?
Anyone brought into police detention for breach of a s3(6) offence shall be dealt with in the same way as any other prisoner. He can be dealt with via the civil or criminal court.
Q: What is the criminal equivalent of an injunction?
The criminal court have their equivalent of an injunction for harassment and that is a restraining order. This is designed to stop the offensive behaviour happening again.
Usually restraining orders can only be made under s360 Sentencing Act 2020 upon conviction for an offence and it will be made for the purpose of protecting V or V’s of an offence from future conduct that amounts to harassment or will cause a fear of violence.
If the court is dealing with a case under the PHA 1997, there are wider powers and the court can make a restraining order, even if there has been an acquittal.
Q: What is the law on restraining orders?
S5A 1997 Act enables the court to impose a restraining order for the purpose of protecting a person from conduct which amounts to harassment to which will cause a fear of violence by D. the court can make such an order where D has just been acquitted, if it considers it necessary to protect someone from harassment from D. this might be the case where although there was not quite enough evidence to convict on the high standard of beyond reasonable doubt, there was some clear evidence that V needs protection from V.
Q: Who do restraining orders protect?
Restraining orders protect any named person. This extends beyond the victim and can include V’s partner, family, etc… anyone who might be at risk!
They must be specifically named in the order, in order to enjoy its protection.
