Protection from Harassment Act 1997
The Protection from Harassment Act 1997 is an act of the Parliament of the United Kingdom. On introducing the Bill's second reading in the House of Lords, the Lord Chancellor, Lord Mackay of Clashfern, said, "The aim of this Bill is to protect the victims of harassment. It will protect all such victims whatever the source of the harassment—so-called stalking behaviour, racial harassment, or anti-social behaviour by neighbours." Home Office guidance on the Act says "The legislation was always intended to tackle stalking, but the offences were drafted to tackle any form of persistent conduct which causes another person alarm or distress."
Infield and Platford described the Act as "controversial".
Provisions
Section 1
This section prohibits a person from pursuing "a course of conduct" which "amounts to harassment of another" and which "he knows or ought to know amounts to harassment of the other". A person is taken to know that conduct is harassment if "a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other".The Protection of Freedoms Act 2012 inserted the offence of stalking in relation to this section and is defined to include things like monitoring a person online, contacting a person, loitering in a public or private place, interfering with property or spying/watching a person.
Subsection 1(1A)
Subsection 1 was inserted by section 125 of the Serious Organised Crime and Police Act 2005. It prohibits a person from pursuing a course of conduct "which involves harassment of two or more persons" with the intention of persuading any person to do or refrain from doing something they are lawfully entitled to do or not do.According to Baroness Scotland of Ashall, promoting the Bill in the House of Lords, this provision and the associated provisions of section 3A were intended to strengthen "the protection afforded to the bioscience industry, and those who work in it" including by "making it an offence to protest outside a person's home in a way that causes harassment, alarm or distress to the residents of that home."
Section 2
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.Section 2 was repealed by section 107 of, and Schedule 8 to, the Police Reform Act 2002.
Section 2A
The Protection from Harassment Act 1997 did not originally define "stalking" or formally proscribe it.This section creates a specific offence of stalking. It followed a commitment given by the Prime Minister, David Cameron, on 8 March 2012 to remedy perceived deficiencies in the Act.
The offence created by this section is a summary offence and a person guilty of it is liable on conviction to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 5 on the standard scale, or to both.
This section was inserted by section 111 of the Protection of Freedoms Act 2012.
Section 2B
This section, which confers, on justices of the peace, a power to issue a search warrant to allow constables to enter and search premises for evidence of offences under section 2A, was inserted by section 112 of the Protection of Freedoms Act 2012.Section 3
This section provides for a claim in civil proceedings by anyone who is or who may be a victim of conduct falling within section 1. It provides for damages for anxiety caused by the harassment and any financial loss it causes, as well as providing for an injunction to restrain the defendant from conduct amounting to harassment. Where any person against whom an injunction has been granted under this section does "without reasonable excuse" anything prohibited by that injunction, section 3 of the Act makes that person guilty of an offence.Offences under section 3 are triable either way. A person guilty of an offence under section 3 is liable, on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both, or, on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both.
Section 3A
This section provides similar injunction provisions to those in section 3, but in this case applying to the offence created by section 1. However, in addition to it allowing the person who is the victim or who may be the victim of the conduct in question to seek an injunction, it also gives a similar right to someone whose behaviour the harassment is intended to influence.Section 3A was inserted by section 125 of the Serious Organised Crime and Police Act 2005.
Section 4
This section creates the offence of "putting people in fear of violence" where a person "causes another to fear, on at least two occasions, that violence will be used against him" provided "he knows or ought to know that his course of conduct will cause the other so to fear on each of those occasions".There are a number of defences. These include showing that the course of conduct is pursued for the "purpose of preventing or detecting crime" or "reasonable for the protection of himself or another or for the protection of his or another’s property."
In 2001, David Ormerod said that this section "could have been drafted more clearly all round".
Offences under section 4 are triable either way. A person guilty of an offence under section 4 is liable, on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both, or, on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both.
Section 4A
This section creates the offence of stalking involving fear of violence or serious alarm or distress. This requires there to be a person A whose "course of conduct... amounts to stalking" and a person B who is affected by the course of conduct. The course of conduct must either cause B "to fear, on at least two occasions, that violence will be used against B" or causes B "serious alarm or distress which has a substantial adverse effect on B's usual day-to-day activities".Offences under section 4A are triable either way. A person guilty of an offence under section 4A is liable, on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both, or, on summary conviction, to imprisonment for a term not exceeding twelve months, or to a fine not exceeding the statutory maximum, or to both.
This section was inserted by section 111 of the Protection of Freedoms Act 2012. The stalking element is defined as include acts like monitoring a person online, contacting a person, loitering in a public or private place, interfering with property or spying/watching a person.
Section 5
This section gives a court dealing with a person convicted of an offence under sections 2 or 4 of the Act the power to make a restraining order for the purpose of protecting "the victim of the offence" or "any other person mentioned in the order".Offences under section 5 are triable either way. A person guilty of an offence under section 5 is liable, on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both, or, on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both.
This section has effect in relation to a person convicted of an offence under section 32 of the Crime and Disorder Act 1998 as if the reference in subsection of this section to an offence under section 2 or 4 included a reference to an offence under the said section 32.
Section 5 was inserted by section 12 of the Domestic Violence, Crime and Victims Act 2004.
Section 5 was inserted by section 12 of the Domestic Violence, Crime and Victims Act 2004.
Section 5 was inserted by section 12 of the Domestic Violence, Crime and Victims Act 2004.
Section 5A
This section provides for a court to impose a restraining order on someone who has been acquitted of an offence, if the court considers it necessary "to protect a person from harassment by the defendant".This section was inserted by section 12 of the Domestic Violence, Crime and Victims Act 2004.
Section 7
This is the interpretation section. "Harassing" is defined as including "alarming" or "causing distress".Section 7 was substituted by section 125 of the Serious Organised Crime and Police Act 2005. It now provides that a "course of conduct" requires either conduct on at least two occasions in relation to one person, or, where the harassment is alleged against two or more occasions, conduct in relation to at least one occasion in relation to each person.
Section 7 was inserted by section 44 of the Criminal Justice and Police Act 2001.
Section 7 was inserted by section 125 of the Serious Organised
Crime and Police Act 2005.
Section 8
Section 8 creates a civil action for harassment applying in Scotland only.Section 8A
This section was inserted by section 1 of the Domestic Abuse Act 2011.Section 15
The Protection from Harassment Act 1997 Order 1997 was made under section 15.The following orders were made under section 15:
- The Protection from Harassment Act 1997 Order 1997
- The Protection from Harassment Act 1997 Order 1998
Racially or religiously aggravated harassment
A person convicted on indictment of an offence falling within section 32 of the 1998 Act is liable to imprisonment for a term not exceeding two years or to a fine, or to both. A person convicted of indictment of an offence falling within section 32 of the 1998 Act is liable to imprisonment for a term not exceeding seven years or to a fine, or to both.