Protection from Harassment (Northern Ireland) Order 1997
| Jurisdiction | UK Non-devolved |
| Citation | SI 1997/1180 |
1997 No. 1180 (N.I. 9)
NORTHERN IRELAND
The Protection from Harassment (Northern Ireland) Order 1997
Made 8th April 1997
Laid before Parliament 14th May 1997
Coming into operation on days to be appointed under Article 1(2)
At the Court at Windsor Castle, the 8th day of April 1997
Present,
The Queen’s Most Excellent Majesty in Council
Whereas this Order is made only for purposes corresponding to those of sections 1 to 7 and 12 of the1Protection from Harassment Act 1997:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the2Northern Ireland Act 1974 (as modified by section 13 of the said Act of 1997) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Title and commencement
1.—(1) This Order may be cited as the Protection from Harassment (Northern Ireland) Order 1997.
(2) This Order shall come into operation on such day or days as the Secretary of State may by order appoint.
Interpretation
2.—(1) The 3Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order references to harassing a person include alarming the person or causing the person distress.
(3) For the purposes of this Order a “course of conduct” must involve conduct on at least two occasions and “conduct” includes speech.
(4) In this Order “statutory provision” has the meaning assigned by section 1(f) of the Interpretation Act (Northern Ireland) 1954.
Prohibition of harassment
3.—(1) A person shall not pursue a course of conduct—
(a)
(a) which amounts to harassment of another; and
(b)
(b) which he knows or ought to know amounts to harassment of the other.
(2) For the purposes of this Article, the person whose course of conduct is in question ought to know that it amounts to 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.
(3) Paragraph (1) does not apply to a course of conduct if the person who pursued it shows—
(a)
(a) that it was pursued for the purpose of preventing or detecting crime;
(b)
(b) that it was pursued under any statutory provision or rule of law or to comply with any condition or requirement imposed by any person under any statutory provision; or
(c)
(c) that in the particular circumstances the pursuit of the course of conduct was reasonable.
Offence of harassment
4.—(1) A person who pursues a course of conduct in breach of Article 3 shall be guilty of an offence.
(2) A person guilty of an offence under this Article shall be 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) In Article 26(2) of the4Police and Criminal Evidence (Northern Ireland) Order 1989 (arrestable offences), after sub-paragraph (f) there shall be inserted—
“(g)
“(g) an offence under Article 4 of the Protection from Harassment (Northern Ireland) Order 1997.”.
Civil remedy
5.—(1) An actual or apprehended breach of Article 3 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.
(3) Where—
(a)
(a) in such proceedings the High Court or a county court grants an injunction for the purpose of restraining the defendant from pursuing any conduct which amounts to harassment; and
(b)
(b) the plaintiff considers that the defendant has done anything which he is prohibited from doing by the injunction,
the plaintiff may apply for the issue of a warrant for the arrest of the defendant.
(4) An application under paragraph (3) may be made—
(a)
(a) where the injunction was granted by the High Court, to a judge of that court; and
(b)
(b) where the injunction was granted by a county court, to a judge of that or any other county court.
(5) The judge to whom an application under paragraph (3) is made may only issue a warrant if—
(a)
(a) the application is substantiated on oath; and
(b)
(b) the judge has reasonable grounds for believing that the defendant has done anything which he is prohibited from doing by the injunction.
(6) Where—
(a)
(a) the High Court or a county court grants an injunction for the purpose mentioned in paragraph (3)(a); and
(b)
(b) without reasonable excuse the defendant does anything which he is prohibited from doing by the injunction,
he shall be guilty of an offence.
(7) Where a person is convicted of an offence under paragraph (6) in respect...
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