Hatred & Harassment

Question 1

Racial Hatred

Answer 1

Hatred against a group of person defined by reference to either:
*Colour
*Race
*Nationality (including citizenship)
*Ethnic origin
*National origin

Question 2

Religious Hatred

Answer 2

Hatred against a group of person defined by reference to their:
*Religious belief
*Lack of religious belief

Question 3

Sexual Orientation

Answer 3

Hatred against a group of person defined by reference to their sexual orientation, be they:
*Heterosexual
*Homosexual
*Bisexual

Question 4

Use of words, behaviour, or display of written material
s18 Public Order Act 1986
(Racial Hatred)

Answer 4

Use words or behaviour or display any written material
Which is either threatening, abusive, or insulting (TAI)
Either
*Intending to stir up racial hatred or
*Having regard to all the circumstances , racial hatred is likely to be stirred up

Can be committed in a public or private place EXCEPT WHERE:
The words / behaviour / written material is used / displayed
inside a dwelling AND
They are not heard or seen except by another person who is either in the same dwelling or another dwelling.
(“The Dwelling Defence”)

AG / Solicitor General authority required to prosecute.

Question 5

Publishing or Distributing Written Material
s19 Public Order Act 1986

Answer 5

Publish or distribute written material to either
The public / a section of the public
Which is threatening / abusive/ insulting (TAI)
Either
*Intending to stir up racial hatred or
*Having regard to all the circumstances , racial hatred is likely to be stirred up

A person will have a defence if they can prove that both:
(1) They were not aware of the content of the material
(2) Did not suspect and had no reason to suspect that it was TAI

AG / Solicitor General authority required to prosecute.

Question 6

Use of words, behaviour, or display of written material
s29B Public Order Act 1986

(Religious / Sexual Orientation)

Answer 6

Intending to stir up either:
*Religious hatred
*Hatred on the grounds of sexual orientation
Either uses words or behaviour or displays any written material
Which is threatening.

Can be committed in public or private
“Dwelling Defence” applies
AG / Solicitor General authority required to prosecute.

Question 7

Publishing or Distributing Written Material
s29c Public Order Act 1986

Answer 7

Intending to stir up either:
*Religious hatred
*Hatred on the grounds of sexual orientation
Either publishes or distributes written material
To either the public / a section of the public
Which is threatening .

AG / Solicitor General authority required to prosecute.

Question 8

Harassment
Protection From Harassment Act 1997

Definition of harassment

Answer 8

Harassment includes either
*Alarming a person
*Causing a person distress

Question 9

Harassment
s1(1) Protection From Harassment Act 1997

Answer 9

Pursue a course of conduct (at least 2 occasions)
That causes another alarm or distress
Which they either know or ought to know
Would amount to harassment of the other.

Question 10

Harassment
s1(1A) Protection From Harassment Act 1997

Answer 10

Pursue a course of conduct (at least 1 occasion in relation to each person)
Which involves the harassment of 2 or more persons
Which they either know or ought to know
Involves the harassment of those persons
By which they intend to persuade any person to either:
*Not do something that they are entitled to do
*Do something that they are not obliged to do

Question 11

Harassment & Stalking
Racially / Religiously Aggravated

Answer 11

The aggravating feature must be proved in relation to each instance of the course of conduct.

Question 12

Harassment
s1 Protection From Harassment Act 1997

Defences

Answer 12

The course of conduct:
(1) Was carried out for the purpose of either preventing or detecting crime.
(2) Was carried out under a rule of law.
(3) Was reasonable.

Question 13

Harassment which amounts to Stalking
s2A Protection From Harassment Act 1997
Summary Only offence

Answer 13

Pursue a course of conduct amounting to s1 harassment
The course of conduct is carried out via stalking activities
The defendant knew or ought to have known
That their conduct amounted to harassment

“Stalking activities” is not defined within the Act.
The s1 defences detailed above are available.

Question 14

Harassment which amounts to Stalking
s2A Protection From Harassment Act 1997

Power of Entry under s2B PHA 1997

Answer 14

RGB a stalking offence has been committed
A constable may apply to a JP for a warrant to
*Enter and search a premises
*Seize and retain any relevant material

Question 16

Harassment causing Fear of Violence
s4 Protection From Harassment Act 1997
Either Way offence

Answer 16

Cause another to fear
On at least 2 occasions
That violence will be used against them
The defendant knows or ought to know that their course of conduct
Will cause them fear on each occasion.

Question 17

Harassment causing Fear of Violence
s4 Protection From Harassment Act 1997

Defences

Answer 17

The course of conduct:
(1) Was carried out for the purpose of either preventing or detecting crime.
(2) Was carried out under a rule of law.
(3) Was reasonable for the protection of either:
*Themselves *Another *Property
(4) Certification has been provided by the Secretary of State that
A specified person
On a specified occasion
Who was acting on behalf of the Crown acted in relation to either:
*National Security
*The economic well-being of the UK
*Prevention or detection of serious crime.

Question 18

Stalking involving Fear of Violence or Serious Alarm / Distress
s4A Protection From Harassment Act 1997
Either Way offence

Answer 18

A course of conduct amounting to stalking
Which has either of 2 effects:
*Causes another person to fear on at least 2 occasions that violence will be used against them.
*Causes another person serious alarm or distress that has a substantial adverse effect on their day-to-day activities.
The defendant knows or ought to know that their course of conduct
Will cause the fear / alarm / distress on each occasion.

Question 19

Police directions to prevent intimidation outside dwellings
s42 Criminal Justice & Police Act 2001

Answer 19

The most senior ranking officer at the scene can make a Direction
To persons present in the vicinity of an occupied dwelling
posing specific risks to the resident or other persons
Where the officer:
(1) Has RGB that the persons are in the vicinity of the dwelling
For the purpose of either representing to or persuading
The occupier or anybody else either:
*Not do something that they are entitled to do
*Do something that they have no obligation to do
AND
(2) Has RGB that the person(s) present either:
*Amounts to harassment of the resident
*Is likely to result in harassment of the resident
*Is likely to cause alarm or distress to the resident.

The officer can orally direct person(s) in the vicinity of the dwelling
To do anything deemed necessary
To prevent the resident from suffering Harassment/alarm/distress.
This may include a direction:
*To leave the vicinity of the premises immediately or within a specified period
*Not to return for a specified period (up to 3 months).

Question 20

Knowingly Contravene a s42 Direction
s42 CJPA 2001

Answer 20

(1) The defendant had been given a s42 Direction
(2) The defendant received the Direction
(3) The defendant understood the Direction
(4) The defendant knowingly failed to comply with the terms of the Direction

Question 21

Unlawfully return to the vicinity following a s42 Direction
s42 CJPA 2001

Answer 21

(1) Person subject to a direction to leave and not return for a specified period
(2) Person returns to the vicinity of the premises within the specified period
(3) Doing so for the purpose of either representing to / persuading either
The occupier or anybody else either:
*Not do something that they are entitled to do
*Do something that they have no obligation to do

Question 22

Harassment of a person in their home
s42 CJPA 2001

Answer 22

(1) Defendant is present outside or in the vicinity of a dwelling premises

(2) For the purpose of either representing to / persuading
The occupier or anybody else
Either:
*Not do something that they are entitled to do
*Do something that they have no obligation to do

(3) Defendant either intends their presence to amount to causing
Or knows / ought to know that their presence is likely to result in
Harassment / Alarm / Distress to the resident.

(4) The presence of the defendant in the vicinity
Either amounts to / causes / is likely to result in
Harassment / Alarm / Distress:
*To the resident
*To another person in the residents dwelling
*A person located in another dwelling in the vicinity.