PHA 1997
Protection from Harassment Act 1997
Creates offences of harassment, stalking, and putting people in fear of violence. Provides for restraining orders.
Self-test
Sections
Section 2 — Offence of harassment
Offence to pursue a course of conduct (at least 2 occasions) which amounts to harassment of another, where the perpetrator knows or ought to know it amounts to harassment.
- Summary only — max 6 months / level 5 fine.
- Course of conduct = at least 2 incidents (more incidents = more compelling).
- Objective test — would a reasonable person think it amounts to harassment.
Section 2A — Offence of stalking
Course of conduct that amounts to harassment AND involves acts/omissions associated with stalking (following, contacting, monitoring online, loitering, interfering with property, watching/spying).
- Summary only — max 6 months / level 5 fine.
- Examples in s.2A(3): following, contacting, publishing material, monitoring use of internet/email/electronic communication, loitering, interfering with property, watching/spying.
Section 4 — Putting people in fear of violence
Course of conduct causing another to fear, on at least 2 occasions, that violence will be used against them.
- Either-way — max 10 years on indictment.
- Subjective test — victim must actually fear violence on at least 2 occasions.
Section 4A — Stalking involving fear of violence or serious alarm/distress
Stalking that either causes fear of violence on at least 2 occasions, OR causes serious alarm/distress with substantial adverse effect on usual day-to-day activities.
- Either-way — max 10 years on indictment.
- Most serious stalking charge — use where there is fear of violence or major lifestyle disruption.