Harassment without 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)); or, under s 1(1A), conduct on at least one occasion in relation to each of two or more persons intended to persuade any person not to do something they are entitled to do, or to do something they are not obliged to do
• 2. The course of conduct amounted to harassment of another — harassment includes alarming the person or causing the person distress (s 1(1)(a); s 7(2))
• 3. The defendant knew, or ought to have known, that the course of conduct amounted to harassment of the other — objective test: a reasonable person in possession of the same information would think it amounted to harassment (s 1(1)(b), (2))

Defences

• Statutory defence — s 1(3)(a) PHA 1997: the defendant shows the course of conduct was pursued for the purpose of preventing or detecting crime
• Statutory defence — s 1(3)(b) PHA 1997: the defendant shows it was pursued under any enactment or rule of law, or to comply with a condition or requirement imposed under an enactment
• Statutory defence — s 1(3)(c) PHA 1997: the defendant shows that in the particular circumstances the pursuit of the course of conduct was reasonable

Mode of trial & maximum penalty

Summary only — Summary: 6 months' imprisonment and/or a fine

Sources

• www.legislation.gov.uk/ukpga/1997/40/section/2
• www.legislation.gov.uk/ukpga/1997/40/section/1
• www.legislation.gov.uk/ukpga/1997/40/section/7