Criminal Offences Involving Harassment
( There are a large number of criminal offences relating to Harassment and Anti-social Behaviour of one Kind or another. Commission of any of these offences on more than one occasion involving the same injured party could constitute harassment as defined in ss. 1 to 3 of the 1997 Protection from Harassment Act, and repeated commission of these offences in the same geographical area could justify the making of an Anti-social Behaviour Order or an eviction. )
Harassment, alarm and distress
Public Order Act 1986, s. 5
5.–(1) A person is guilty of an offence if he–
(a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
(b) displays any writing, sign or other visible representation which is threatening, abusive or insulting,
within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
(2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the other person is also inside that or another dwelling.
(3) It is a defence for the accused to prove–
(a) that he had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress, or
(b) that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or
(c) that his conduct was reasonable.
(4) A constable may arrest a person without warrant if–
(a) he engages in offensive conduct which a constable warns him to stop, and
(b) he engages in further offensive conduct immediately or shortly after the warning.
(5) In subsection (4) 'offensive conduct' means conduct the constable reasonably suspects to constitute an offence under this section, and the conduct mentioned in paragraph (a) and the further conduct need not be of the same nature.
(6) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Fear or provocation of violence
Public Order Act 1986, s. 4
4.–(1) A person is guilty of an offence if he–
(a) uses towards another person threatening, abusive or insulting words or behaviour, or
(b) distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or insulting,
with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked.
(2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is distributed or displayed, by a person inside a dwelling and the other person is also inside that or another dwelling.
(3) A constable may arrest without warrant anyone he reasonably suspects is committing an offence under this section.
(4) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.
Intentional harassment, alarm and distress
Public Order Act 1986, s. 4A
4A.–(1) A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he–
(a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
(b) displays any writing, sign or other visible representation which is threatening, abusive or insulting,
thereby causing that or another person harassment, alarm or distress.
(2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the person who is harassed, alarmed or distressed is also inside that or another dwelling.
(3) It is a defence for the accused to prove–
(a) that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or
(b) that his conduct was reasonable.
(4) A constable may arrest without warrant anyone he reasonably suspects is committing an offence under this section.
(5) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.
Affray
Public Order Act 1986, s. 3
3.–(1) A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.
(2) Where 2 or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purposes of subsection (1).
(3) For the purposes of this section a threat cannot be made by the use of words alone.
(4) No person of reasonable firmness need actually be, or be likely to be, present at the scene.
(5) Affray may be committed in private as well as in public places.
(6) A constable may arrest without warrant anyone he reasonably suspects is committing affray.
(7) A person guilty of affray is liable on conviction on indictment to imprisonment for a term not exceeding 3 years or a fine or both, or on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.
Threats to kill
Offences Against the Person Act 1861, s. 16
16. A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out, to kill that other or a third person shall be guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding ten years.
Threats to cause criminal damage
Criminal Damage Act 1971, s. 2
2. A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out–
(a) to destroy or damage any property belonging to that other or a third person; or
(b) to destroy or damage his own property in a way which he knows is likely to endanger the life of that other or a third person;
shall be guilty of an offence.
Breach of the peace (bind overs)
Magistrates' Courts Act 1980, s. 115
115.–(1) The power of a magistrates' court on the complaint of any person to adjudge any other person to enter into a recognisance, with or without sureties, to keep the peace or to be of good behaviour towards the complainant shall be exercised by order on complaint.
(2) Where a complaint is made under this section, the power of the court to remand the defendant under subsection (5) of section 55 above shall not be subject to the restrictions imposed by subsection (6) of that section.
(3) If any person ordered by a magistrates' court under subsection (1) above to enter into a recognisance, with or without sureties, to keep the peace or to be of good behaviour fails to comply with the order, the court may commit him to custody for a period not exceeding 6 months or until he sooner complies with the order.
Aggravated trespass
Criminal Justice and Public Order Act 1994, s. 68
68.–(1) A person commits the offence of aggravated trespass if he trespasses on land in the open air and, in relation to any lawful activity which persons are engaging n or are about to engage in on that or adjoining land in the open air, does there anything which is intended by him to have the effect–
(a) of intimidating those persons or any of them so as to deter them or any of them from engaging in that activity,
(b) of obstructing that activity, or
(c) of disrupting that activity.
(2) Activity on any occasion on the part of a person or persons on land is 'lawful for the purposes of this section if he or they may engage in the activity on the land on that occasion without committing an offence or trespassing on the land.
(3) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both.
(4) A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant.
(5) In this section 'land' does not include–
(a) the highways and roads excluded from the application of section 61 by paragraph (b) of the definition of 'land' in subsection (9) of that section; or
(b) a road within the meaning of the Roads (Northern Ireland) Order 1993.
Harassment of a person in their Home
42.-(1) Subject to the following provisions of this section, a constable who is at the scene may give a direction under this section to any person if-
Criminal Justice and Police Act 2001, section 42
(a) that person is present outside or in the vicinity of any premises that are used by any individual ("the resident") as his dwelling;
(b) that constable believes, on reasonable grounds, that that person is present there for the purpose (by his presence or otherwise) of representing to the resident or another individual (whether or not one who uses the premises as his dwelling), or of persuading the resident or such another individual-
(i) that he should not do something that he is entitled or required to do; or
(ii) that he should do something that he is not under any obligation to do;
and
(c) that constable also believes, on reasonable grounds, that the presence of that person (either alone or together with that of any other persons who are also present)-
(i) amounts to, or is likely to result in, the harassment of the resident; or
(ii) is likely to cause alarm or distress to the resident.
(2) A direction under this section is a direction requiring the person to whom it is given to do all such things as the constable giving it may specify as the things he considers necessary to prevent one or both of the following-
(a) the harassment of the resident; or
(b) the causing of any alarm or distress to the resident.
(3) A direction under this section may be given orally; and where a constable is entitled to give a direction under this section to each of several persons outside, or in the vicinity of, any premises, he may give that direction to those persons by notifying them of his requirements either individually or all together.
(4) The requirements that may be imposed by a direction under this section include a requirement to leave the vicinity of the premises in question (either immediately or after a specified period of time).
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(5) A direction under this section may make exceptions to any requirement imposed by the direction, and may make any such exception subject to such conditions as the constable giving the direction thinks fit; and those conditions may include-
(a) conditions as to the distance from the premises in question at which, or otherwise as to the location where, persons who do not leave their vicinity must remain; and
(b) conditions as to the number or identity of the persons who are authorised by the exception to remain in the vicinity of those premises.
(6) The power of a constable to give a direction under this section shall not include-
(a) any power to give a direction at any time when there is a more senior-ranking police officer at the scene; or
(b) any power to direct a person to refrain from conduct that is lawful under section 220 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) (right peacefully to picket a work place);
but it shall include power to vary or withdraw a direction previously given under this section.
(7) Any person who knowingly contravenes a direction given to him under this section shall be guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding level 4 on the standard scale, or to both.
(8) A constable in uniform may arrest without warrant any person he reasonably suspects is committing an offence under this section.
(9) In this section "dwelling" has the same meaning as in Part 1 of the Public Order Act 1986 (c. 64).
Harassment of Tenants
1.(1) In this section 'residential occupier', in relation to any premises, means a person occupying the premises as a residence, whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises.
(2) If any person unlawfully deprives the residential occupier of any premises of his occupation of the premises or any part thereof, or attempts to do so, he shall be guilty of an offence unless he proves that he believed, and had reasonable cause to believe, that the residential occupier had ceased to reside in the premises.
(3) If any person with intent to cause the residential occupier of any premises
(a) to give up the occupation of the premises or any part thereof; or
(b) to refrain from exercising any right or pursuing any remedy in respect ofthe premises or part thereof;
does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence, he shall be guilty of an offence.
(3A) Subject to subsection (3B) below, the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if
(a) he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or
(b) he persistently withdraws or withholds services reasonably required for the occupation of the premises in question as a residence, and (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises.
(3B) A person shall not be guilty of an offence under subsection (3A) above if he proves that he had reasonable grounds for doing the acts or withdrawing o rwithholding the services in question.
(3C) In subsection (3A) above 'landlord', in relation to a residential occupier of any premises, means the person who, but for
(a) the residential occupier's right to remain in occupation of the premises, or
(b) a restriction on the person's right to recover possession of the premises,
would be entitled to occupation of the premises and any superior landlord under whom that person derives title.
(4) A person guilty of an offence under this section shall be liable
(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 6 months or to both;
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both.
(5) Nothing in this section shall be taken to prejudice any liability or remedy towhich a person guilty of an offence thereunder may be subject in civil proceedings.
(6) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager or secretary or other similar officer of the body corporate or any person who was purporting to act in any capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Protection from Eviction Act 1971, section 1
Harassment of debtors
Administration of Justice Act 1970, s. 40
40.–(1) A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he–
(a) harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;
(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
(c) falsely represents himself to be authorised in some official capacity to claim or enforce payment; or
(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.
(2) A person may be guilty of an offence by virtue of subsection (1)(a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.
(3) Subsection (1)(a) above does not apply to anything done by a person which is reasonable (and otherwise permissible in law) for the purpose–
(a) of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or
(b) of the enforcement of any liability by legal process.
(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine of not more than level 5 on the standard scale.
Harassment during trade disputes
Trade Union and Labour Relations (Consolidation) Act 1992, s. 241
241.–(1) A person commits an offence who, with a view to compelling another person to abstain from doing or to do any act which that person has a legal right to do or abstain from doing, wrongfully and without legal authority–
(a) uses violence to or intimidates that person or his wife or children, or injures his property,
(b) persistently follows that person about from place to place,
(c) hides any tools, clothes or other property owned or used by that person, or deprives him of or hinders him in the use thereof,
(d) watches or besets the house or other place where that person resides, works, carries on business or happens to be, or the approach to any such house or place, or
(e) follows that person with two or more other persons in a disorderly manner in or through any street or road.
(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) A constable may arrest without warrant anyone he reasonably suspects is committing an offence under this section.