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Protection from Harassment Act 1997 (Section 1 (1A) (And by which they…
Protection from Harassment Act 1997
Section 1(1)
A person must not pursue a course of conduct:
Which amounts to harassment of another,
And which they know or ought to know amounts to harassment of another.
Triable - Summary only or either way if racially aggravated
Section 1 (1A)
A person must not pursue a course of conduct:
Which involves harassment of two or more persons
And which they ought to know involves harassment of those persons
And by which they intend to persuade any person (above mentioned or otherwise)
1- Not to do something they are entitled to do or required to do
2-To do something they are not under any obligation to do.
Triable - Summary only or either way if racially aggravated
Section 2
A person who pursues a course of conduct in breach of section 1 is guilty of an offence
Section 2A
A person is guilty of an offence if
The person pursues a course of conduct in breach of section 1
And the course of conduct amounts to stalking
Triable - Summary only (either way if racially or religiously aggravated.
Stalking bheaviour
Following a person
Contacting or attempting to contact by any means
Publishing any statement or material;
1- relating to a person
2-purporting to originate from a person
Monitoring the use by a person of the internet, email or any other form of electronic communication
Loitering in any place (Public or private
Interfering with any property in the possession of a person
Watching or spying on a person
Section 2B
A warrant can be issues if a justice of the peace has reasonable grounds for believing there is material within a premided which is of value to an investigation which is of value to investigation under the act.
The issued warrant authorises a Constable to enter and search if there is reasonable belief that
An offence under section 2A has or is being committed
There is material that is likely to be of substantial value to the investigation of the offence
The material is likely to be admissible at trial
does not consist of, or include, items subject to legal privilege, excluded material or special procedure material (within the meanings given by sections 10, 11 and 14 of the Police and Criminal Evidence Act 1984), and
Entry to the premises will not be granted unless a warrant is produced, or
The purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.
(2)A constable may seize and retain anything for which a search has been authorised under subsection (1).
(3)A constable may use reasonable force, if necessary, in the exercise of any power conferred by virtue of this section.
(4)In this section “premises” has the same meaning as in section 23 of the Police and Criminal Evidence Act 1984.]
Section 4 - Harassment with fear of violence
A person who's course of conduct causes another to fear, on at least two occasions, that violence will be used against them is guilt of an offence if;
They know or ought to know that their conduct will cause the other to fear in each of those occasions
Triable - either was. 5 years (7years is racially or religiously aggravates)
Section 4A - Stalking with violence/ serious alarm or distress
A person whose course of conduct amounts to stalking and either
Causes another to fear on at least two occasions that violence will be used against them or
Causes serious alarm or distress which has a substantial adverse effect on their usual day to day activities.
Triable either way - 5 years (7 if racially or religiously aggravated)
Section 3
Provides for civil damages and injunctions
Applied for by the complainant through the county court
A breach of a civil injunction can result in damages and warrant for arrest being issues
Defendant also commits a criminal offence
Section 5
This section provides a court with the power to make a restraining order on a conviction for any offence
The restraining order may be in addition to another sentence
Non-Molestation orders Family Law Act 1966
Order restraining a person form Molesting another
Applied for by the victim thorugh civil court
Breaching this is a criminal offence