PROTECTION FROM HARASSMENT ACT 1997
An Act designed to protect persons from
harassment and similar conduct.
The Offence of harassment (Section 2
Offence)
Any person who pursues a course of
conduct which:
a)
amounts to harassment of another; and
b)
which he knows or ought to know amounts to harassment of the
other
Penalty - It
is for the Police to undertake the prosecution and if found
guilty could
be imprisoned for a term not exceeding 6 months or a fine, or both.
The Offence putting people in fear of violence
(Section 4 Offence)
A person whose course of conduct causes another to fear, on at least two occasions, that violence will be used against him. That person will be quilty if he knows or ought to know that his course of conduct will cause the other fear on each of those two occasions.
Level of Proof -
The person “ought to know” if a reasonable person in possession of the
same information would think the course of conduct would cause the other fear.
Defences to this course of conduct:
1.
Preventing or detecting crime.
2.
Following another rule of law.
3.
Reasonable for protecting himself or property or another
person or their property.
Penalty - Up
to 5 years imprisonment or fine, or both upon indictment;
- Not
exceeding 6 months imprisonment on summary conviction.
Court Restraining Order (Convictions
under S.2 or S.4)
Protect
victims of offence from further conduct
(a)
amounting to harassment; or
(b)
will cause fear of violence.
-2-
Offence: If person without reasonable excuse
does anything prohibited under Order then:
(a)
on indictment up to 5 years or fine, or both
(b)
on summary conviction 6 months or fine, or both.
Definitions:
“Harassment” includes
alarming the person or causing the person distress.
“Course of conduct” must involve
at least two occasions.
“Conduct” includes
speech.
Civil Remedy available to victim of
course of conduct for:
1.
Anxiety
2.
Financial loss resulting from harassment.
For proceedings in HC or CC for injunction proceedings specifically for restraining harassing conduct and is in breach of injunction conditions, then warrant for arrest may be issued.
Disclaimer
The information and any commentary in the law contained in these pages is
provided free of charge for information purposes only. While every reasonable
effort is made to make the information and commentary accurate and up to date,
no responsibility for its accuracy or correctness or for any consequences of
relying on it, is assumed by our associates or us. The information and
commentary, aforesaid, does not, and is not intended to, amount to legal advice
to any person, group or organisation on a specific case or matter. If you are not a
solicitor, you are strongly advised to obtain specific, personal advice from a
lawyer about your case or matter and not to rely on the information or comments
on this site.
If you are a solicitor, you should check the accuracy of the information
contained in these pages yourself or seek advice from counsel on a formal
basis. CCRS is able to take instructions from you on any specific case or
matter within our areas of expertise.
We can accept no responsibility, nor can we guarantee the accuracy or
functionality of the information found on the links from this site to other web
sites.