PHA 1997 (Revision)

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    What are the three criminal offences created by the Protection from Harassment Act 1997?

    Harassment, stalking, and putting people in fear of violence.

    What constitutes harassment under the Protection from Harassment Act?

    A course of conduct that amounts to harassment and is known or ought to be known as such.

    How does stalking differ from general harassment?

    Stalking specifically involves a course of conduct that must amount to stalking.

    What is the actus reus in the context of harassment?

    The prohibited conduct as defined in sections 1(1) or 2A(1).

    What is mens rea in the context of the Protection from Harassment Act?

    An objective test determining if a reasonable person would think the conduct amounts to harassment.

    What is the minimum requirement for a course of conduct to be considered harassment?

    At least two occasions of conduct related to the victim.

    What are the penalties for harassment under the Protection from Harassment Act?

    Up to six months in prison or a fine not exceeding level 5.

    What is the civil remedy available for breach of section 1(1) of the Protection from Harassment Act?

    A statutory tort allowing victims to claim damages for anxiety and financial losses.

    What must a claimant prove in a civil claim for harassment?

    That the defendant has breached section 1(1) if not already established in a criminal court.

    What does section 4(1) of the Protection from Harassment Act address?

    Putting people in fear of violence through a course of conduct on at least two occasions.

    What are the defences available for putting people in fear of violence?

    Conduct pursued to prevent crime, comply with the law, or was reasonable for protection.

    What does section 4B of the Protection from Harassment Act cover?

    Conduct causing fear of violence that can occur outside the UK.

    What is required for a defendant to be liable under section 4B?

    The defendant must be a UK national or habitually resident in England and Wales.

    What is the significance of section 3A regarding injunctions?

    It allows claimants to seek injunctions for breaches involving two or more persons.

    What constitutes a reasonable course of conduct under section 1(3)?

    Conduct that does not breach section 1(1) and is deemed reasonable in the circumstances.