Points 2 Prove
The Ultimate Police Handbook
Stalking involving fear of violence or serious alarm or distress
s.4A Protection from Harassment Act 1997
Harassment
Definition
(1) A person ("A") whose course of conduct -
(a) amounts to stalking, and
(b) either -
(i) causes another ("B") to fear, on at least two occasions, that violence will be used against B, or (ii)causes B serious alarm or distress which has a substantial adverse effect on B usual day-to-day activities,
is guilty of an offence if A knows or ought to know that A course of conduct will cause B so to fear on each of those occasions or (as the case may be) will cause such alarm or distress.
(2) For the purposes of this section A ought to know that A course of conduct will cause B to fear that violence will be used against B on any occasion if a reasonable person in possession of the same information would think the course of conduct would cause B so to fear on that occasion.
(3) For the purposes of this section A ought to know that A course of conduct will cause B serious alarm or distress which has a substantial adverse effect on B usual day-to-day activities if a reasonable person in possession of the same information would think the course of conduct would cause B such alarm or distress.
(a) amounts to stalking, and
(b) either -
(i) causes another ("B") to fear, on at least two occasions, that violence will be used against B, or (ii)causes B serious alarm or distress which has a substantial adverse effect on B usual day-to-day activities,
is guilty of an offence if A knows or ought to know that A course of conduct will cause B so to fear on each of those occasions or (as the case may be) will cause such alarm or distress.
(2) For the purposes of this section A ought to know that A course of conduct will cause B to fear that violence will be used against B on any occasion if a reasonable person in possession of the same information would think the course of conduct would cause B so to fear on that occasion.
(3) For the purposes of this section A ought to know that A course of conduct will cause B serious alarm or distress which has a substantial adverse effect on B usual day-to-day activities if a reasonable person in possession of the same information would think the course of conduct would cause B such alarm or distress.
Points to Prove
(4) It is a defence for A to show that -
(a) A course of conduct was pursued for the purpose of preventing or detecting crime,
(b) A course of conduct was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or
(c)the pursuit of A course of conduct was reasonable for the protection of A or another or for the protection of A or anothers property.
(a) A course of conduct was pursued for the purpose of preventing or detecting crime,
(b) A course of conduct was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or
(c)the pursuit of A course of conduct was reasonable for the protection of A or another or for the protection of A or anothers property.
Powers & Punishment
On conviction on indictment, to imprisonment for a term not exceeding 10 years, or a fine, or both, or
On summary conviction, to imprisonment for a term not exceeding twelve months, or a fine not exceeding the statutory maximum, or both.
On summary conviction, to imprisonment for a term not exceeding twelve months, or a fine not exceeding the statutory maximum, or both.
Offence Type
Charging Codes
PH97010 - Fear of Violence
PH97011 - Serious Alarm/Distress
Crime Recording
PNC Recordable
Crime Report Required