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Under the Protection from Harassment Act 1997 - this statute makes harassment a crime and a civil wrong: Section 1(1): 'A course of conduct which amounts to harassment, and which the defendant knows or ought to know amounts to harassment is prohibited.' [3] "A person must not pursue a course of conduct '(a) which amounts to harassment of ...
The summary offences of harassment "cast the net too wide". [35] The offence created by section 2 is "broad and ill-defined". [36] Its scope is "quite enormous". [37] It might well violate Articles 10 and 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms (in addition to Article 7 mentioned below). [38]
The offence is created by section 4A of the Public Order Act 1986, which was inserted by section 154 of the Criminal Justice and Public Order Act 1994: :(1) A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he: (a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
Clause (c) allows for a defence on the grounds of reasonable behaviour. This interpretation will depend upon case law. In Dehal v Crown Prosecution Service, Mr Justice Moses ruled that in cases involving freedom of expression, prosecution is unlawful unless it is necessary to prevent public disorder: "a criminal prosecution was unlawful as a result of section 3 of the Human Rights Act and ...
Something is a hate incident if the victim or anyone else think it was motivated by hostility or prejudice based on: disability, race, religion, gender identity or sexual orientation. A hate incident becomes a hate crime if it crosses the boundary of criminality. [7] Some United Kingdom statutes apply in Scotland and Northern Ireland.
Unlawful eviction and harassment is a criminal offence in the United Kingdom under the Protection from Eviction Act 1977. It is the crime of a landlord or agent unlawfully evicting or harassing his or her tenant.
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Following the failure of the Stalking Bill to be enacted, an offence of "harassment" was later created in England and Wales by the enactment of the Protection from Harassment Act 1997, which came into force on 16 June 1997. In Scots law, the 1997 act also created a civil remedy through non-harassment orders. [4]