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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
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 ...
This section creates the offence of harassment, which is to pursue "a course of conduct" in breach of section 1 of the Act. It is a summary offence. A person guilty of this offence is liable on conviction to imprisonment for a term not exceeding six months, or a to fine not exceeding level 5 on the standard scale, or to both. [9]
Conduct that could amount to harassment under the Act includes; interfering with the peace and comfort of a residential occupier or members of his household or persistently withdrawing or withholding services that are needed for the occupation of the premises used as residence: section 1(3A).
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 ...
The Civil Procedure Rules 1998 set out the rules for each stage of a case. The Rules aim to ensure that, when people sue or are sued, they obtain justice. Parties are encouraged to disclose the facts of their case prior to starting any court case. The relevant Pre-Action Protocol must be followed. [4]
They apply to all cases commenced after 26 April 1999, and largely replace the Rules of the Supreme Court and the County Court Rules. The Civil Procedure Rules 1998 is the statutory instrument listing the rules. [2] The CPR were designed to improve access to justice by making legal proceedings cheaper, quicker, and easier to understand for non ...