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Criminal Law
c. 40

Protection from Harassment Act 1997

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Summary

The Protection from Harassment Act 1997 creates criminal offences and civil remedies for harassment and stalking. It provides for restraining orders and injunctions to protect victims.

Key Points

  • Criminal offence of harassment — a course of conduct amounting to harassment (s.2)
  • Offence of putting people in fear of violence (s.4)
  • Stalking offences added by Protection of Freedoms Act 2012 (ss.2A, 4A)
  • Civil remedy: injunction and damages for harassment (s.3)
  • Restraining orders can be imposed on conviction or acquittal (ss.5, 5A)
  • A 'course of conduct' requires conduct on at least two occasions
  • Defences include prevention of crime and compliance with a legal requirement

Parts & Sections

Amendments History

2012Protection of Freedoms Act 2012

Inserted new stalking offences (ss.2A and 4A) and expanded the definition of harassment-related conduct.

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