Hatred and Harassment Offences

Question 1

For the purposes of the offences contrary to ss 18 to 23 of the Public Order Act 1986, ‘racial hatred’ means what?

Answer 1

s17 Public Order Act 1986

Hatred against a group of persons defined by reference to colour, race nationality (including citizenship) or ethnic or national origins.

Question 2

For the purposes of the offences contrary to ss 29B to 29G of the Public Order Act 1986, ‘religious hatred’ means what?

Answer 2

s29A

Hatred against a group of persons defined by reference to religious belief or lack of religious belief.

Question 3

Use of words or behaviour or display of written material [racial hatred]

Answer 3

s18 Public Order Act 1986

(1) A person who uses threatening, abusive or insulting words or behaviour, or displays any written material which is threatening, abusive or insulting, is guilty of an offence if—
(a) He intends thereby to stir up racial hatred, or
(b) Having regard to all the circumstances racial hatred is likely to be stirred up thereby.

(2) May be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the written material is displayed, by a person inside a dwelling and are not heard or seen except by other persons in that or another dwelling.

Penalty:

• Summarily– 6 months and/ or fine.
• Indictment– 7 years and/ or fine.

Defences:

• Defence to prove that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the written material displayed, would be heard or seen by a person outside that or any other dwelling.
• Broadcast for TV

Question 4

Which are the stirring up offences?

Note these cannot be prosecuted without the consent of the Attorney-General (or Solicitor General)?

Answer 4

s18 (Use of words or behaviour or display of written material [racial hatred])

s19 (Publishing or distributing written material [racial hatred])

s29B (Use of words or behaviour or display of written material [religious/ sexual orientation hatred])

s29C (Publishing or distributing written material [religious/ sexual orientation hatred])

Question 5

Publishing or distributing written material [racial hatred]

Answer 5

s19 Public Order Act 1986

(1) A person who publishes or distributes written material which is threatening, abusive or insulting is guilty of an offence if—
(a) He intends thereby to stir up racial hatred, or
(b) Having regard to all the circumstances racial hatred is likely to be stirred up thereby.

Penalty:

• Summarily– 6 months and/ or fine.
• Indictment– 7 years and/ or fine.

Defences:
- Defence to prove that he was not aware of the content of the material and did not suspect, and had no reason to suspect, that it was threatening, abusive or insulting.

Question 6

Use of words or behaviour or display of written material [religious/ sexual orientation hatred]

Answer 6

s29B Public Order Act 1986

(1) A person who uses threatening or displays any written material which is threatening, abusive or insulting is guilty of an offence if he intends thereby to stir up religious hatred or hatred on the grounds of sexual orientation.
(2) May be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the written material is displayed, by a person inside a dwelling and are not heard or seen except by other persons in that or another dwelling.

Penalty:

• Summarily– 6 months and/ or fine.
• Indictment– 7 years and/ or fine.

Defences:

• (29B(4)) Defence to prove that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the written material displayed, would be heard or seen by a person outside that or any other dwelling.
• (29B(5)) Broadcast for TV

Question 7

Publishing or distributing written material [religious/ sexual orientation hatred]

Answer 7

s29C Public Order Act 1986

(1) A person who publishes or distributes written material which is threatening is guilty of an offence if he intends thereby to stir up religious hatred or hatred on the grounds of sexual orientation.

Penalty:

• Summarily– 6 months and/ or fine.
• Indictment– 7 years and/ or fine.

Defences:
- Defence to prove that he was not aware of the content of the material and did not suspect, and had no reason to suspect, that it was threatening, abusive or insulting.

Question 8

What is the difference between 29B/29C offences and the offences of stirring up racial hatred offences (s18/19)?

Answer 8

1. The offences apply only to ‘threatening’ words or behaviour, rather than ‘threatening, abusive or insulting’ words or behaviour.
2. The offences only apply to words or behaviour if the accused ‘intends’ to stir up religious hatred or hatred on the grounds of sexual orientation, rather than if hatred is either intentional or ‘likely’ to be stirred up.

Question 9

What are the sections 1-5 of the Protection from Harassment Act 1997?

Answer 9

Harassment without violence (s 2)

Stalking (s 2a)

Civil remedies (s 3)

Injunctions (s 3A)

Putting people in fear of violence (s 4)

Stalking involving fear of violence or serious alarm or distress (s 4A)

Restraining orders (s 5)

Question 10

Harassment

Answer 10

s1 Protection from Harassment Act 1997

(1) A person must not pursue a COURSE OF CONDUCT—
(a) Which amounts to harassment of another, and
(b) Which he knows or ought to know amounts to harassment of the other.

(1A) A person must not pursue a course of conduct —

(a) Which involves harassment of two or more persons, and…
(b) Which he knows or ought to know involves harassment of those persons, and…
(c) By which he intends to persuade any person—
(i) Not to do something that he is entitled or required to do, or
(ii) To do something that he is not under any obligation to do.

(2) …course of conduct…amounts to harassment…if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

Penalty:
- Summarily– 6 months and/ or fine.

Question 11

Under s 1(1) of the Protection from Harassment Act 1997, a ‘course of conduct’ exists when conduct is directed towards:

Answer 11

s7 Protection from Harassment Act 1997

• An individual on at least two occasions.
• Two or more people, and on at least one occasion in relation to each of those persons.

Question 12

What may constitute as ‘harassment’?

Answer 12

s7 Protection from Harassment Act 1997

Causing alarm and/ or distress.

e.g a Police Officer may be alarmed for the safety of another.

Question 13

To recap the s1 offence, you must prove that…

Answer 13

• The person pursued a course of conduct and

- The course of conduct amounted to harassment.

Question 14

Aiding and Abetting Harassment

Answer 14

Once initiated, a person continues to pursue a course of conduct even when he/she does not personally harass the victim if they aid, abet, counsel or procure another who carries it out instead.

Defences:

• That the course of conduct was pursued for the purpose of preventing or detecting crime.
• That it was pursued under any rule of law.
• That the pursuit of the course of conduct was reasonable.

Question 15

What are the two significant sources of power available to courts to allow them to deal with harassment under the 1997 act?

Answer 15

• Injunctions

- Restraining orders

Question 16

Civil Remedies

Answer 16

s3 Protection from Harassment Act 1997

• A civil remedy refers to the remedy that a party has to pay to the victim of a wrong he commits.
• If distress is caused on only one occasion it may instead be the subject of such a claim.
• Could result in a court order to pay money and/or an injunction (a court order to impose sanctions on the offender).

Penalties for breaching:

• Summarily– 6 months and/ or fine.
• Indictment– 5 years and/ or fine.

Question 17

Injunctions to protect persons from harassment

Answer 17

s3A Protection from Harassment Act 1997

(2) In such a case—
(a) Any person who is or may be a victim of the course of conduct in question, or
(b) Any person who is or may be a person falling within section 1(1A)(c),

…may apply to a court for an injunction restraining the relevant person from pursuing any conduct which amounts to harassment in relation to any person or persons mentioned or described in the injunction.

Question 18

Breach of injunctions

Answer 18

s3 Protection from Harassment Act 1997

If they believe it has been breached then the plaintiff can issue a warrant to be actioned by the police.

Penalty:
- Summarily– 6 months and/ or fine.

Question 19

Restraining orders on conviction

Answer 19

s5 Protection from Harassment Act 1997

(2) The order may, for the purpose of protecting the victim/s of the offence, or any other person mentioned in the order, from conduct which—
(a) Amounts to harassment, or
(b) Will cause a fear of violence,

…prohibit the defendant from doing anything described in the order.

Penalties for breaching:

• Summarily– 6 months and/ or fine.
• Indictment– 5 years and/ or fine.

Question 20

Restraining orders on acquittal

Answer 20

s5A Protection from Harassment Act 1997

(1) A court before which a person (“ the defendant ”) is acquitted of an offence may, if it considers it necessary to do so to protect a person from harassment by the defendant, make an order prohibiting the defendant from doing anything described in the order.

Penalties for breaching:

• Summarily– 6 months and/ or fine.
• Indictment– 5 years and/ or fine.

Question 21

Putting people in fear of violence

Answer 21

s4 Protection from Harassment Act 1997

(1) A person whose course of conduct causes another to FEAR, on at least TWO occasions, that violence WILL be used against him is guilty of an offence if he KNOWS or OUGHT TO know that his course of conduct will cause the other so to fear on each of those occasions.
(2) …if a reasonable person in possession of the same information would think the course of conduct would cause the other so to fear on that occasion.

The conduct must be targeted at an individual and be calculated to cause fear of violence. It must also be oppressive and unreasonable.

Penalty:

• Summarily– 6 months and/ or fine.
• Indictment– 10 years and/ or fine (racially/ religiously aggravated then 14 years).

Defences:

• Course of conduct was pursued for the purpose of preventing or detecting crime;
• Course of conduct was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment; or
• Pursuit of the course of conduct was reasonable for the protection of him or herself or another or for the protection of her, his or another’s property.

Question 22

Stalking

Answer 22

s2A Protection from Harassment Act 1997

(1) A person is guilty of an offence if—
(a) The person pursues a course of conduct in breach of section 1(1), and
(b) The course of conduct amounts to stalking.

The person whose course of conduct it is knows or ought to know that the course of conduct amounts to harassment of the other person.

Penalty:
- Summarily– 6 months and/ or fine.

Question 23

(3) The following are examples of acts or omissions which, in particular circumstances, are ones associated with stalking—

Answer 23

s2A Protection from Harassment Act 1997

(a) Following a person,
(b) Contacting, or attempting to contact, a person by any means,

(c) Publishing any statement or other material—
(i) Relating or purporting to relate to a person, or
(ii) purporting to originate from a person,

(d) Monitoring the use by a person of the internet, email or any other form of electronic communication,
(e) Loitering in any place (whether public or private),
(f) Interfering with any property in the possession of a person,
(g) Watching or spying on a person.

Question 24

Power of entry in relation to offence of stalking

Answer 24

s2B Protection from Harassment Act 1997

Police have power of entry in relation to the s2A stalking offence. A constable can apply to a justice of the peace, who may issue a warrant authorising entry and search of premises providing there are reasonable grounds to believe the conditions in s2B.

A constable may seize and retain anything for which a search was authorised, and may use reasonable force,, if necessary, in necessary, in the exercise of any power conferred by s2B.

Question 25

Stalking involving fear of violence or serious alarm or distress

Answer 25

s4A Protection from Harassment Act 1997

(1) A person (“A”) whose course of conduct—
(a) Amounts to stalking, and
(b) Either—
(i) Causes another (“B”) to fear, on at least two occasions, that violence will be used against B, or
(ii) Causes B serious alarm or distress which has a substantial adverse effect on B’s usual day-to-day activities,

…is guilty of an offence if A knows or ought to know that A’s course of conduct will cause B so to fear on each of those occasions or (as the case may be) will cause such alarm or distress.

Penalty:

• Summarily– 6 months and/ or fine.
• Indictment– 10 years and/ or fine (racially/ religiously aggravated then 14 years).

Question 26

Section 4A(1) Stalking involving fear of violence or serious alarm or distress

There are two ways of committing this offence:

Answer 26

First, a course of conduct that amounts to stalking and causes the victim to fear, on at least two occasions, that violence will be used against them (not just possibility of).

Second, a course of conduct which causes “serious alarm or distress” which has a substantial adverse effect on the day-to-day activities of the victim.

This limb recognises the overall emotional and psychological harm that stalking may cause to victims, even where an explicit fear of violence is not created by each incident of stalking behaviour.

Suspect must know (or ought to know) that his/her acts will have these effect on victim.

Question 27

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, the guidelines issued by the Home Office suggest that evidence of a substantial adverse effect may include the following:

Answer 27

(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.

Question 28

Police directions stopping the harassment etc of a person in his home

(1) Power to prevent the intimidation or harassment of people in their own or other’s homes arises where:

Answer 28

s42 Criminal Justice and Police Act 2001

The constable believes, on reasonable grounds, that the person is there to harass the person in…

(i) Stopping someone from doing something they are entitled to do.
(ii) Doing something the person is not under any obligation to do;

• The constable also believes, on reasonable grounds, that the person’s presence,
  (i) Amounts to, or is likely to result in, the harassment of the resident; or
  (ii) Is likely to cause alarm or distress to the resident.

Officer does not have to be in uniform and direction can be given orally.

Question 29

Police directions stopping the harassment etc of a person in his home

(4) The requirements that may be imposed by a direction under this section include—

Answer 29

s42 Criminal Justice and Police Act 2001

(a) A requirement to leave the vicinity of the premises in question, and
(b) A requirement to leave that vicinity and not to return to it within such period as the constable may specify, not being longer than 3 months;

…and (in either case) the requirement to leave the vicinity may be to do so immediately or after a specified period of time.

Question 30

Knowingly contravening an s42 Direction

Answer 30

s42 Criminal Justice and Police Act 2001

(7) Any person who knowingly fails to comply with a requirement in a direction given to him under this section (other than a requirement under subsection (4)(b))] shall be guilty of an offence.

Penalty:
- Summarily– 3 months and/ or fine.

Question 31

Example s42 Direction…

Answer 31

s42 Criminal Justice and Police Act 2001

Doctor Smith is a pediatrician. Murray and James are not too bright and think Doctor Smith is a paedophile. They stand outside Doctor Smith’s house staring intently at it, clearly intimidating the doctor and preventing him from safely leaving the house.

PC Harris turns up and believes that their presence is likely to cause harassment to Doctor Smith. He tells them that they need to leave the area immediately under s42 and not come back for a period of three months or will be arrested.

Question 32

Offence of harassment etc. of a person in his home

Answer 32

s42A Criminal Justice and Police Act 2001

(1) A person commits an offence if—
(a) That person is present outside or in the vicinity of any premises that are used by any individual (“the resident”) as his dwelling;

• The offender is outside to harass or stop the person doing something.
• The offender knows or ought to know his presence is harassment.

(2) A person falls within this subsection if he is—
(a) The resident,
(b) A person in the resident’s dwelling, or
(c) A person in another dwelling in the vicinity of the resident’s dwelling.

Penalty:
- Summarily– 6 months and/ or fine.

Question 33

Question: Terry is a vegan and has strong views on the treatment of animals for food. On Saturday morning he stands outside Kent and Sons Butchers and as Steve and John go to open the store, Terry blocks their path and shouts ‘murderers’ over and over again.

Explain how to offence of Harassment 1(1A) has been made out?

Answer 33

(1A) A person must not pursue a course of conduct —

(a) Which involves harassment of two or more persons, and…
(b) Which he knows or ought to know involves harassment of those persons, and…
(c) By which he intends to persuade any person—
(i) Not to do something that he is entitled or required to do, or
(ii) To do something that he is not under any obligation to do.

Question 34

Question: Terry gets the personal details of Stan and Ollie who work at the slaughterhouse. He texts Stan on Friday saying, “keep going to work at the slaughterhouse and you will be the next one strung up”. He sends the same message to Ollie on Monday.

Considering ‘course of conduct’ has Terry committed the offence of Harassment?

Answer 34

• Yes, he commits the offence.
• Even though the text was to two different employees once with the same message, that message is threatening and designed to stop them from going to work (entitled to do so).
• This is to protect companies from activists and groups.

Question 35

Question: Jack has been watching too many horror films and as such decides to play a prank on his neighbour. he places a burnt doll on his neighbour’s porch with a note on it that says ‘you burn next’. He does this three times in the following weeks. His neighbour is understandably terrified and thinks she is going to be murdered.

Owing to the fact it is a ‘prank’ has the offence of section 4 Putting People in Fear of Violence been made out?

Answer 35

• It is irrelevant it is a prank/ what his intention was.
• The question to be asked is, would a reasonable person think that the course of conduct would make a person fear violence (and therefore ought the offender know also).
• His neighbour is understandably frightened that she will be a victim of violence.

Offence is made out.

Question 36

Question: Is there ever a defence to the offence of Stalking Involving Fear of Violence or Serious Alarm or Distress (s4A, Protection from Harassment Act 1997)

Answer 36

• Yes (s4, Protection from Harassment Act 1997)
• That the course of conduct was pursued for the purpose of preventing or detecting crime.
• That it was pursued under any rule of law.
• That the pursuit of the course of conduct was reasonable.

Question 37

Question: Graham is in his flat with the curtains closed. He is fascinated with Nazi Germany and as such stands in his lounge and gives speeches mimicking his hero Adolf Hitler. These include offensive messages about the Jewish people and their eradication. One day whilst giving a speech the postman hears what he is saying as he posts a letter though the door. The postman is understandably concerned and contacts the police.

Considering the offence of Use of Words or Behaviour (Public Order Act 1986, s29B) does Graham have a defence?

Answer 37

• Yes, he does.
• Although the defence can be committed in a public OR private place, if Graham can show he had no reason to believe that his words would be heard or scene by another person he would have a defence.

Question 38

True or False

A civil injunction can only be applied for if the ‘offender’ has been arrested, charged or convicted of a harassment offence.

Answer 38

False

Question 39

True or False

A company could apply for a civil injunction if their employees were being targeted and harassed.

Answer 39

True

Question 40

True or False

A civil injunction could be granted even if the behaviour does not satisfy the actual harassment offence.

Answer 40

True

Question 41

True or False

If arrested for a warrant the court can adjourn and release the defendant but need to deal with them within 14 days of the arrest (as long as the defendant is given at least 2 days notice of the adjournment).

Answer 41

True