PROTECTION FROM HARASSMENT.
Better known as the "Stalker's Act", this Act came into force on 16th June 1997. Its aim is to catch all types of harassment, not just offences such as stalking. It can include neighbourhood disputes, racial hatred, bullying at work, confrontation with the media, domestic violence as well as the policing of hunt protestors, industrial strikers or noisy or nuisance tenants.
What's covered by the Act?
The Act states that a person must not pursue a course of conduct which s/he knows (or ought to know) amounts to the harassment of another.
It is not necessary to prove that the person intended his/her conduct to amount to harassment. The test is whether a reasonable person who had the same information would think that it amounted to harassment.
Harassment is not defined by the Act, but will include verbal harassment. The courts will probably have to rely upon the dictionary definition (to worry, pester, annoy, distress etc). The factors which may be taken into account include:
where and when the conduct occurred; the relationship between the harasser and victim; and the previous dealings between the parties. The codes of practice issued by the EU, EOC, CRE and Department for Employment and Education may also provide some guidance. There must be a course of conduct. Harassment must have occurred on at least two occasions (although a civil claim may succeed where there has only been one incident, if there are reasonable grounds to believe that the harassment may occur again). The harassment need not be the same on each occasion.
What protection is given?
The Act gives powers to both the CRIMINAL and CIVIL COURTS. Criminal Offences
The Act creates two criminal offences:-
1. Harassment - It is an offence to pursue a course of conduct which amounts to the harassment of another and the harasser knows or ought to know his conduct amounts to harassment.
The offence is arrestable and is dealt with in the Magistrates Court. If convicted a person can be sentenced to up to 6 months imprisonment or fined up to £5,000 or both.
2. Causing fear of violence - this is a more serious offence. The offence is committed if a person's course of conduct causes another person to fear, on at least two occasions, that violence will be used against him/her.
This offence can be tried at the Crown Court. The maximum sentence is 5 years imprisonment, unlimited fine or both.
It is also open to the Court, when sentencing a person for either offence, to make a Restraining Order to protect the victim (or any other person) from further harassment or fear of violence.
This is in addition to any sentence and will specify the conduct which is prohibited. The Order can apply while the person serves a prison sentence or while he or she is subject to a Probation Order or doing community service. If the Defendant does anything which is prohibited under a Restraining Order it is a further criminal offence which carries a sentence up to 5 years and/or an unlimited fine.
Civil Actions
A person who is or may be the victim of a course of conduct amounting to harassment can bring a civil action. This claim will be heard in the County Court or the High Court. The Court can award damages including damages for anxiety and any resulting financial loss.
The victim or potential victim can also ask the Court to grant an injunction restraining the person from any conduct which amounts to harassment. If the person does anything which is prohibited by that injunction, he or she can be sentenced to imprisonment for contempt of Court.
If the person without reasonable excuse does anything which is prohibited by the injunction it is a criminal offence. The Police have powers to arrest the person. The person will then be tried in the Criminal Court with a penalty of up to 5 years imprisonment and/or an unlimited fine.
Defences
It is a defence to show that the person's course of conduct was done for the prevention or detection of crime (e.g. police), was authorised by statute (e.g. bailiff), or it was reasonable for purposes of protecting him/herself or another person or property.
This Guide is not a definitive statement of the law. It is an introduction to an extremely complex subject and should therefore not be relied upon in legal proceedings. Should any problems arise concerning the law in this area you should consult your legal adviser.
Disclaimer: Content on this site is placed Without – Prejudice.
Search this site.
|
|
No child can be identified by any posts on this website. Every child should be able to move on in future without reminder of past intervention by any authority. Many victims of the U.K. System are the children.
We are indeed aware of Article 170: Privacy for children involved in certain proceedings. but also Section 62: Publication of material relating to legal proceedings (251.252.) Which means that nothing can be published that may identify any CHILD during court process yet; Council's can publish photographs and detailed profiles of children online in advertising them for adoption.
This website is built for a parent who went through the system and wishes this information was there for them when it was needed.
This right is protected by law, the Universal Declaration of Human Rights (article 19), and the International Covenant on Civil and Political Rights (article 19).
Download the PDF READER you will need it to view all PDF files.
Simply click the button below and follow the information, this will download and install the PDF reader onto your computer. This will allow you to read all these large PDF documents on any website. If you are not using your own computer and want to view any of these files simply email us and we will give you a link where you may read in web format.
Both Community Sites below have very helpful Message Boards.
We are indeed aware of Article 170: Privacy for children involved in certain proceedings. but also Section 62: Publication of material relating to legal proceedings (251.252.) Which means that nothing can be published that may identify any CHILD during court process yet; Council's can publish photographs and detailed profiles of children online in advertising them for adoption.
To save this information on your computer so you can read another time – right click on mouse anywhere on this page – click on Select All. Right click mouse on highlighted text and click on Copy. All information on page is now in your clipboard, open a new Document or Notebook page – Right click mouse on empty page and click on Paste. Simply delete any text above and below the text you now have and save this document with a title. Now you can read off-line at leisure.
This website is built for a parent who went through the system and wishes this information was there for them when it was needed.
Simply click the button below and follow the information, this will download and install the PDF reader onto your computer. This will allow you to read all these large PDF documents on any website. If you are not using your own computer and want to view any of these files simply email us and we will give you a link where you may read in web format.
Other web-sites built as hobby.
Entertainment Links. Add us to your list before you go.