Harassment

Question 1

Protection from Harassment Act 1997 s2 (aggravated)

Answer 1

harassment without violence (yes)

Question 2

Protection from Harassment Act 1997 s2A (aggravated?)

Answer 2

stalking (yes)

Question 3

Protection from Harassment Act 1997 s3(6)

Answer 3

breaching an injunction

Question 4

Protection from Harassment Act 1997 s4 (aggravated?)

Answer 4

putting people in fear of violence (yes)

Question 5

Protection from Harassment Act 1997 s4A (aggravated?)

Answer 5

stalking involving fear of violence or serious alarm or distress (yes)

Question 6

Harassment Act 1997 s5(5)

Answer 6

breaching a restraining order

Question 7

Who can be harassed?

Answer 7

A person, not an organisation

Question 8

HA s1(1) A person must not pursue a ____ of ____ which amounts to _____ of another or of ____ or more persons, which the perpetrator _____ or ought to ____ amounts to ______

Answer 8

course - conduct - harassment - two - knows - know - harassment

Question 9

A course of conduct is when conduct is directed towards:

Answer 9

• an individual at least two occasions

- two or more people, and on at least one occasion in relation to each person

Question 10

Conduct includes:

Answer 10

speech, letters, emails

Question 11

Who can be involved in conduct?

Answer 11

Anyone is involved by actions, planning, or assisting harassment, and who knows their actions were likely to cause alarm or distress

Question 12

To pursue a ____ of ____ which involves ____ of one or more persons is an offence under ____

Answer 12

course - conduct - harassment - s2(1) Protection from Harassment Act

Question 13

What could a harassing course of conduct per s2 aim to achieve?

Answer 13

• persuade a person to carry out or omit to carry out an act
• persuade someone to do something they aren’t under obligation to do
• persuade any person to change their routine (2+ people in the first instance)

Question 14

Possible defences to a s2 offence

Answer 14

• acted in reasonable circumstances

- in the course of their work

Question 15

s2 suspects must know ____

Answer 15

their behaviour amounts to harassment

Question 16

To pursue a ____ of ____ involving _____ by acts associated with ____, targeted at ____ or more persons, knowing that it amounts to harassment, is an offence under _____.

Answer 16

course - conduct - harassment - stalking - one - s2A PHA 1997

Question 17

For a s4 (?) offence, the offender must direct an ___ and ___ course of conduct at a targeted individual, in a manner____ to cause ____ of ___.

Answer 17

For a s4 (Putting people in fear of violence) offence, the offender must direct an oppressive and unreasonable course of conduct at a targeted individual, in a manner calculated to cause fear of violence.

Question 18

For s4 offences the victim must:
____ violence ____ happen
____ violence _____
_____ the fear of violence from the offender _____

Answer 18

For s4 offences the victim must:
believe violence will happen
fear violence personally
apprehend the fear of violence from the offender directly

Question 19

Defences for s4 offences

Answer 19

• acted in reasonable circumstances
• in the course of their work
• conduct was pursued reasonably for protection of themselves, another, or property

Question 20

For a s4A offence, a suspect’s course of conduct must amount to ____, and cause the victim to ____ on at least ____ occasions that ____ will be used against ____;
or cause serious ___ or ____ which has a substantial ____ ____ on their usual ____.

Answer 20

For a s4A offence, a suspect’s course of conduct must amount to stalking, and cause the victim to fear on at least two occasions that violence will be used against anyone;
or cause serious alarm or distress which has a substantial adverse impact on their usual activities.

Question 21

FETIGAN has written threatening letters to each of four of his neighbours. PC IRELAND has been sent to speak to the neighbours who contacted the police to complain about FETIGAN’s behaviour. Each neighbour has received one threatening letter and although none of the letters include threats of violence, all of the neighbours are upset by the contents. PC IRELAND is considering whether sending the letters to the neighbours amounts to a ‘course of conduct’ for the purposes of an offence of harassment (under s. 1(1) of the Protection from Harassment Act 1997).

Would FETIGAN’s behaviour amount to such a ‘course of conduct’?

Answer 21

D. Yes, each of the letters sent to the four neighbours amounts to a ‘course of conduct’.