Protection from Harassment Act 1997
| Jurisdiction | UK Non-devolved |
| Citation | 1997 c. 40 |
which amounts to harassment of another, andwhich he knows or ought to know amounts to harassment of the other.which involves harassment of two or more persons, andwhich he knows or ought to know involves harassment of those persons, andnot to do something that he is entitled or required to do, orto do something that he is not under any obligation to do.(2) For the purposes of this section F23or section 2A(2) (c) , the person whose course of conduct is in question ought to know that it amounts to F7 or involves harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.that it was pursued for the purpose of preventing or detecting crime,that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, orthat in the particular circumstances the pursuit of the course of conduct was reasonable.(1) A person who pursues a course of conduct in breach of F9section 1(1) or (1A) is guilty of an offence.(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .the person pursues a course of conduct in breach of section 1(1) , andthe course of conduct amounts to stalking.it amounts to harassment of that person,the acts or omissions involved are ones associated with stalking, andthe person whose course of conduct it is knows or ought to know that the course of conduct amounts to harassment of the other person.following a person,contacting, or attempting to contact, a person by any means,relating or purporting to relate to a person, orpurporting to originate from a person,monitoring the use by a person of the internet, email or any other form of electronic communication,loitering in any place (whether public or private) ,interfering with any property in the possession of a person,watching or spying on a person.(4) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, or a fine not exceeding level 5 on the standard scale, or both.(5) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (4) to 51 weeks is to be read as a reference to six months.(6) This section is without prejudice to the generality of section 2.an offence under section 2A has been, or is being, committed,there is material on the premises which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence,is likely to be admissible in evidence at a trial for the offence, anddoes not consist of, or include, items subject to legal privilege, excluded material or special procedure material (within the meanings given by sections 10, 11 and 14 of the Police and Criminal Evidence Act 1984) , andentry to the premises will not be granted unless a warrant is produced, orthe purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.(2) A constable may seize and retain anything for which a search has been authorised under subsection (1) .(3) A constable may use reasonable force, if necessary, in the exercise of any power conferred by virtue of this section.(4) In this section “premises” has the same meaning as in section 23 of the Police and Criminal Evidence Act 1984.(1) An actual or apprehended breach of F10section 1(1) may be the subject of a claim in civil proceedings by the person who is or may be the victim of the course of conduct in question.(2) On such a claim, damages may be awarded for (among other things) any anxiety caused by the harassment and any financial loss resulting from the harassment.in such proceedings the High Court or F26the county court grants an injunction for the purpose of restraining the defendant from pursuing any conduct which amounts to harassment, andthe plaintiff considers that the defendant has done anything which he is prohibited from doing by the injunction,where the injunction was granted by the High Court, to
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