Harassment - put in fear of violence

Points to prove

• 1. The defendant pursued a course of conduct — conduct (which includes speech) on at least two occasions in relation to the victim (s 7(3)(a), (4))
• 2. The course of conduct caused another person to fear, on at least two occasions, that violence would be used against him or her (s 4(1))
• 3. The defendant knew, or ought to have known, that the course of conduct would cause the other so to fear on each of those occasions
• 4. 'Ought to know' is objective: a reasonable person in possession of the same information would think the course of conduct would cause the other so to fear on that occasion (s 4(2))

Defences

• Statutory defence — s 4(3)(a) PHA 1997: the course of conduct was pursued for the purpose of preventing or detecting crime
• Statutory defence — s 4(3)(b) PHA 1997: the course of conduct was pursued under any enactment or rule of law, or to comply with a condition or requirement imposed under an enactment
• Statutory defence — s 4(3)(c) PHA 1997: the pursuit of the course of conduct was reasonable for the protection of the defendant or another, or for the protection of his or another's property

Mode of trial & maximum penalty

Either way — Summary: 6 months' imprisonment and/or a fine; Indictment: 10 years' imprisonment and/or a fine

Sources

• www.legislation.gov.uk/ukpga/1997/40/section/4
• www.legislation.gov.uk/ukpga/1997/40/section/7