Points 2 Prove
The Ultimate Police Handbook
Offence of harassment etc. of a person in his home
s.42A Criminal Justice and Police Act 2001
Harassment
Definition
(1) Subject to the following provisions of this section, a constable who is at the scene may give a direction under this section to any person if -
(a) that person is present outside or in the vicinity of any premises that are used by any individual ("the resident") as his dwelling;
(b) that constable believes, on reasonable grounds, that that person is present there for the purpose (by his presence or otherwise) of representing to the resident or another individual (whether or not one who uses the premises as his dwelling), or of persuading the resident or such another individual -
(i)that he should not do something that he is entitled or required to do; or
(ii) that he should do something that he is not under any obligation to do;
and
(c) that constable also believes, on reasonable grounds, that the presence of that person (either alone or together with that of any other persons who are also present) -
(i) amounts to, or is likely to result in, the harassment of the resident; or
(i) is likely to cause alarm or distress to the resident.
(2) A direction under this section is a direction requiring the person to whom it is given to do all such things as the constable giving it may specify as the things he considers necessary to prevent one or both of the following —
(a) the harassment of the resident; or
(b) the causing of any alarm or distress to the resident.
(3) A direction under this section may be given orally; and where a constable is entitled to give a direction under this section to each of several persons outside, or in the vicinity of, any premises, he may give that direction to those persons by notifying them of his requirements either individually or all together.
(a) that person is present outside or in the vicinity of any premises that are used by any individual ("the resident") as his dwelling;
(b) that constable believes, on reasonable grounds, that that person is present there for the purpose (by his presence or otherwise) of representing to the resident or another individual (whether or not one who uses the premises as his dwelling), or of persuading the resident or such another individual -
(i)that he should not do something that he is entitled or required to do; or
(ii) that he should do something that he is not under any obligation to do;
and
(c) that constable also believes, on reasonable grounds, that the presence of that person (either alone or together with that of any other persons who are also present) -
(i) amounts to, or is likely to result in, the harassment of the resident; or
(i) is likely to cause alarm or distress to the resident.
(2) A direction under this section is a direction requiring the person to whom it is given to do all such things as the constable giving it may specify as the things he considers necessary to prevent one or both of the following —
(a) the harassment of the resident; or
(b) the causing of any alarm or distress to the resident.
(3) A direction under this section may be given orally; and where a constable is entitled to give a direction under this section to each of several persons outside, or in the vicinity of, any premises, he may give that direction to those persons by notifying them of his requirements either individually or all together.
Offence Type
Charging Codes
CJ01015
Crime Recording
PNC Recordable
No Crime Report Required