Harassment

Question 1

Protection from Harassment Act 1997

Answer 1

• Scope = stalking, racial/religious harassment, some anti-social behaviour, some types of protest, bullying (Majrowski v Guys Hospital)
• Offence = behave in a way amounting to harassment/in a way which causes V to fear violence
• Elements
  –> D knows/ought to know their conduct will harass others
  –> Causes harm/distress
  –> Usually occurring more than once
• Remedies/sentencing
  –> Civil = compensation
  –> Criminal = S.2 (summary, max 6 months)

Question 2

Malicious Communications Act 1998

Answer 2

• Offence = send another person a letter/electronic communication/article which is malicious
• AR = sending
  –> a) an indecent/grossly offensive message
  –> b) threat
  –> c) info known to be false by the sender
• MR = intent to cause stress/anxiety