The law
Since 1997, there has been a specific law on harassment. The
Protection from Harassment Act, which can be used in both the Civil
and Criminal Courts.
It makes it unlawful to ‘pursue a course of conduct which
amounts to harassment of another and which the defendant knows or
ought to know amounts to harassment of another’. The Act says that
conduct amounts to harassment if a reasonable person in possession
of the information would think that it amounted to harassment.
Stalking or harassing behaviour often breaks other laws too.
Punishments
Many harassment offences can be tried in a
magistrates’ court and are punishable by a maximum of six
months imprisonment, a fine up to £5,000 or
both.
More serious offences, which can be tried in
either magistrates’ or Crown Courts, are punishable by up
to five years imprisonment or a fine up to £5,000 or
both.
Courts can also impose a restraining order, which bans the
defendant from doing certain things for a certain period of time.
Since September 2009, courts have been able to make a restraining
order even if the defendant is found not guilty and regardless of
the offence for which they are being tried.
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