Hatred & Harassment Offences

Question 1

Harassment includes either 2 actions - alarming a person OR…

Answer 1

Causing the person distress.

Question 2

Is there any requirement that the person actually feels either alarmed or distressed?

Answer 2

No. It is simply down to pursuing the course of conduct that would lead to this consequence.

Question 3

how many instances of conduct are required ?

Answer 3

At least 2.

Question 4

Can a company be a victim of harassment ?

Answer 4

No as they are not a legal person. Employees of a company can be victims of harassment.

Question 5

Can a company commit harassment ?

Answer 5

Yes. If the course of conduct is carried out in the course of business then the employer can be held liable.

Question 6

For racially and religiously aggravated harassment, the aggravating feature must be proved in relation to each instance of the course of conduct. Is this true or false?

Answer 6

True.

Question 7

5 examples of stalking activities ?

Answer 7

Watching a person
Following a person
Loitering
Interfering with a persons property
Monitoring a persons electronic communication
Publishing material that relates or purports to relate to a person.

Question 8

What are the 3 defences to stalking and the simple offence of harassment ?

Answer 8

Preventing / detecting crime
Under a rule of law
The conduct was reasonable.

Question 9

In regards to putting people in fear of violence (sec 4 protection of harassment) does the victim have to feel fear?

Answer 9

Yes. The victim must be put in fear that violence would be used against them on each occasion. If they only felt fear violence would be used on one occasion then the offence would not be complete.

Question 10

Can the violence threatened be in the future ?

Answer 10

Yes as long as the fear of it is in the present tense.

Question 11

In regards to putting people in fear of violence. The course of conduct must cause the victim to fear that violence WILL be used rather than might be used. True or false?

Answer 11

True.

Question 12

Stalking, involving fear of violence or serious alarm or distress. For the offence to be complete which effect must be had on the victim?

Answer 12

Either. It doesn’t require fear to be established if instead the effect is that they suffer serious alarm or distress

Question 13

Who can make a direction to prevent intimidation outside dwellings?

Answer 13

The most senior ranking police officer on scene.

Question 14

Police directions to prevent intimidation outside dwellings. Does the officer directing need to be in uniform?

Answer 14

No.

Question 15

Mental personas solicitor wants to rely on the fact that they are mental to show that they could not know that their behaviour was harassing. Is this possible ?

Answer 15

The jury only need to consider what a reasonable person would think.

Question 16

Someone was convicted of harassment. 3 years later they try and chase down their ex partner again. Could the ex seek an injunction against them in these circumstances?

Answer 16

Yes. Even if there hasn’t been a course of conduct, there may be a breach of the protection from harassment act in the future.

Question 17

If a stalker followed 3 different people on 3 different occasions. Is this a course of conduct ?

Answer 17

Yes. When he follows the second person.