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View the related practice notes about Offence of harassment

Harassment offences

The basic offences of harassment under sections 1(1) and (1A) of the Protection from Harassment Act 1997 (PHA 1997) are triable only summarily.For the aggravated form of offence, see Practice Note: Intentional harassment, alarm or distress.The elements of the basic offencesIn relation to an offence under PHA 1997 s 1(1), the prosecution must prove that the defendant:•pursued a course of conduct amounting to harassment of another person•which they knew or ought to have known amounted to harassment of another personFor an offence under PHA 1997, s 1(1A), the prosecution must prove that the defendant:•pursued a course of conduct involving harassment of two or more individuals•which they knew or ought to have known involved harassment of those individuals, and•by which they intended to persuade any person not to do something they are entitled or required to do or to do something that they are not under an obligation to doThe defence of insanity is available for a defendant charged with an offence of harassment. See Practice Note: The defence of insanity....

Intentional harassment, alarm or distress

This Practice Note explains the offence of causing intentional harassment, alarm or distress contrary to section 4A of the Public Order Act 1986 (POA 1986), alongside the lesser offence of causing harassment, alarm or distress under POA 1986, s 5. It sets out the elements of the offences and explains what is needed to prove them.An offence under either POA 1986, s 4A or 5 is triable only summarily.The elements of the offence under POA 1986, s 4AThe prosecution must prove that the defendant:•used threatening, abusive or insulting words or behaviour or disorderly behaviour, or displayed any writing, sign or other visible representation which was threatening, abusive or insulting•with intent to cause a person harassment, alarm or distress, and•by that behaviour, caused that person or another person harassment, alarm or distressThe CPS Legal Guidance on Public Order offences states that POA 1986, s 4A should not be used when behaviour has been persistently directed towards one particular individual (or where there may be a vulnerable victim who would benefit from...

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Could the summary offence of stalking under the Protection from Harassment Act 1997 cover a situation in which someone is recorded without their knowledge and the recording is then published?

Could the summary offence of stalking under the Protection from Harassment Act 1997 cover a situation in which someone is recorded without their knowledge and the recording is then published? By section 1(1) of the Protection from Harassment Act 1997 (PHA 1997) a person must not pursue a course of conduct which amounts to harassment of another and which they know or ought to know amounts to harassment of the other. By PHA 1997, s 2, a person who pursues a course of conduct in breach of PHA 1997, ss 1(1) or (1A) (which involves harassment of two or more persons) is guilty of the summary offence of harassment. By PHA 1997, s 2A, a person is guilty of the summary offence of stalking if the person pursues a course of conduct in breach of PHA 1997, s 1(1) and the course of conduct amounts to stalking. A course of conduct amounts to stalking of another person if it amounts to harassment of that person, the acts or omissions involved...

View the related News about Offence of harassment

Property weekly highlights—27 April 2023

This week's edition of Property weekly highlights includes: relaxation of the requirements relating to reports on the disposal of charity land, more regulations and guidance in relation to the registration of overseas entities, more on the Building Safety Act 2022, more regulations on procedure under the Electronic Communications Code and cases on the meaning of live/work, bars to relief from forfeiture, an attempt by leaseholders to register roof space, surrenders of joint tenancies by operation of law, ‘escalator’ ground rent and protection from eviction.

Property Disputes weekly highlights—27 April 2023

This week's edition of Property Disputes weekly highlights includes: coverage of Court of Appeal decisions on the lawfulness of a notice of eviction under section 77 of the Criminal Justice and Public Order Act 1994, a conviction for unlawful eviction and harassment, and on breach of covenant and the meaning of ‘live/work’, coverage of High Court decisions regarding ownership of roof space in a block of flats, surrender of a joint tenancy, informal settlements and forfeiture, preliminary injunctions, and right of way and nuisance, and a County Court decision on escalator ground rents.