Offence of harassment meaning

Under the Protection from Harassment Act 1997 (PHA 1997), pursuing a course of conduct that amounts to harassment is a criminal offence; the Act also creates a civil wrong permitting claims for damages and supporting injunctions. Both the High Court and the county court may grant injunctions restraining harassment to protect individuals. Where a client cannot rely on Pt IV of the Family Law Act 1996 (FLA 1996) because eligibility criteria are not met, or where compensation is sought for anxiety caused by harassment and for any resulting financial loss, recourse may instead be available under the PHA 1997. Conversely, if the harasser and the victim are ‘associated persons’ as defined in FLA 1996, s 62(3), the FLA 1996 often provides broader and potentially more suitable remedies, particularly where occupation of the family home is in issue. Proceedings brought under the PHA 1997 are not treated as ‘family proceedings’, and applications are determined under the Civil Procedure Rules 1998, SI 1998/3132 (CPR). Criteria The relevant statutory provisions are...

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The basic offences of harassment under section 1(1) and 1(1A) of the Protection from Harassment Act 1997 (PHA 1997) can only be tried summarily. For the aggravated offence, see Practice Note: Intentional harassment, alarm or distress. For guidance on civil remedies available to victims, see Practice Note: Applications under the Protection from Harassment Act 1997. The elements of the basic offences For an offence under PHA 1997, section 1(1), the prosecution must establish that the defendant: pursued a course of conduct that amounted to harassment of another person and knew, or ought to have known, that this conduct amounted to harassment of that person For an offence under PHA 1997, section 1(1A), the prosecution must establish that the defendant: pursued a course of conduct involving the harassment of two or more individuals and knew, or ought to have known, that the conduct involved harassment of those individuals; and intended by that conduct to persuade any person...

This Practice Note outlines the key criminal offences and civil protections against unlawful eviction affecting certain tenants and licensees. Unlawful eviction and harassment—criminal offences A landlord commits a criminal offence under section 1 of the Protection from Eviction Act 1977 (PEA 1977) if they: unlawfully exclude a residential tenant or occupier from possession of the premises, or any part of it, or attempt to do so (it is a defence to have believed, with reasonable cause, that the occupier had stopped living in the premises), or carry out acts likely to disturb the peace or comfort of the residential tenant or any member of their household, or persistently cut off or withhold services reasonably required for occupation of the premises as a home. The landlord must either intend to induce the occupier to give up occupation or to refrain from exercising any right or remedy, or know, or have reasonable cause to believe, that the conduct will have that effect. It...

Harassment under the Equality Act 2010 (EqA 2010) This Practice Note examines harassment within the Equality Act 2010 (EqA 2010), meaning exposing a person to unwelcome behaviour linked to a relevant protected characteristic (race, sex etc), where that behaviour is intended to, or in fact does, undermine the victim’s dignity or produce an environment that is intimidating (eg bullying), hostile, degrading, humiliating or offensive. Sexual harassment (ie unwelcome behaviour of a sexual kind with the necessary purpose or effect), and employers’ obligations to prevent sexual harassment, are addressed separately in Practice Note: Sexual harassment and the duty to prevent it. The Note also looks at the Protection from Act 1997 (PHA 1997) (see: Protection from Act 1997, below). This Practice Note includes citations to case law of the Court of Justice of the European Union (CJEU). For guidance on whether CJEU judgments are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law. Domestic enactments that fulfil UK duties arising under EU law constitute assimilated law. For additional...