Stalking and Harassment

• Harassment

  • a person is caused alarm or distress by a course of conduct
  • includes 2 or more offences of harassing a person
• Stalking

  • a pattern of behaviour that is
  • F - fixated
  • O - obsessional
  • U - unwanted
  • R - repeated
• S. 2 Harassment without violence - Protection from Harassment 1997

  Points to prove

  • harassment was caused
  • caused by a course of conduct
  • in relation to 1 person > 2 occasions
  • in relation to 2 + people > conduct on atleast 1 occasion to each person
  • suspect knows or ought to know the conduct would cause harassment
• Defences to S.2

  • course of conduct was pursued for purpose of preventing or detecting a crime
  • it was pursued under any enactment or rule of law
  • conduct was reasonable
• S.4 Fear of violence - Protection from Harassment Act

  Points to prove:

  • course of conduct causes another person to fear on at least 2 occasions that violence will be used
  • suspect knows or ought to know that the course of conduct would cause them to fear
• S.4 Defences

  • course of conduct was for the purpose of preventing or detecting crime
  • pursued under any enactment of law
  • conduct was reasonable
  • protection of them or another
  • protection of their property
• S.5 Restraining orders

  • allows the court to make a restraining order against a person who has been convicted or acquitted of any offence to protect a victim
  • breaching a RO - summary offence
• S.3 Protection from Harassment Act

  • if only 1 occasion of distress caused - this does not consist of a course of conduct
  • a result of this a civil claim and/or injunction can be made