Harassment (No Violence) - Section 2 the Protection from Harassment Act 1997

The prosecution must prove that a person

• Pursed a course of conduct
• Which amounted to harassment
• And which he/she knew/ought to have known amounted to harassment

Harassment

Involves causing the person(s) alarm or distress.

Course of conduct

Must involve in relation to a single person, conduct on at least two occasions in relation to that person, or to two or more persons, conduct on at least one occasion in relation to each of those persons.

Conduct can include speech.

Harassment (Fear of violence) - Section 4 the Protection from Harassment Act 1997

The prosecution must prove that a person

• Caused fear of violence
• By a course of conduct
• Knew/ought to have known
• Would cause fear of violence on each occasion

Stalking (No Violence)- Section 2A the Protection from Harassment Act 1997

• Pursued a course of conduct in breach of section 1(1). i.e. harassment
• And that conduct amounted to stalking
• And which you knew/ought to have know
• Amounted to harassment

Stalking

Conduct amounts stalking of another person if:

• It amounts to harassment of that person
• The acts or omissions involved are ones associated with stalking, and 
• The person whose course of conduct it is knowing ought to know that the course of conduct amounts to harassment of the other person

Acts or omissions include following, contact or attempting to contact, publishing material relating to our purporting to relate to or originating form a person, monitoring the use by a person of the internet, email or other electronic communication, loitering in any place, interfering with any property in the possession of a person, watching or spying on a person.

Stalking (Fear of violence) - Section 4A the Protection from Harassment Act 1997

• Pursued a course of conduct that amounted to stalking
• Caused another to fear on at least two occasions that violence would be used or
• Caused serious alarm/distress which had a substantial adverse effect on a person’s day to day activated
• Which he knew/ought to have known
• Would cause either of violence on each occasion or serious alarm/distress

Coercive control - Section 76 Serious Crime Act 2015

Coercive control is considered to be a continuous pattern of behaviour which is intended to exert power or control over a person. These behaviours deprive a person of their independence and can make them feel isolated or scared. This can have a serious impact on a person’s day-to-day life and wellbeing.

Section 76 Serious Crime Act 2015 created the offence of controlling or coercive behaviour in an intimate or family relationship.

An offence is committed by a suspect (“A”) against a victim (“B”) if:

• A repeatedly or continuously engages in behaviour towards another person, B, that is controlling or coercive
• at the time of the behaviour, A and B are personally connected
• the behaviour has a serious effect on B, and
• A knows or ought to know that the behaviour will have a serious effect on B

These behaviours can include:

• isolating a person from their friends and family
• depriving them of their basic needs
• monitoring their time
• monitoring a person via online communication tools or using spyware
• using digital systems such as smart devices or social media to coerce, control, or upset the victim including posting triggering material
• taking control over aspects of their everyday life, such as where they can go, who they can see, what to wear and when they can sleep – this can be intertwined with the suspect saying it is in their best interests, and ‘rewarding’ ‘good behaviour’ e.g. with gifts
• depriving them of access to support services, such as specialist support or medical services
• repeatedly putting them down such as telling them they are worthless
• enforcing rules and activity which humiliate, degrade or dehumanise the victim
• forcing the victim to take part in criminal activity such as shoplifting, neglect or abuse of children to encourage self-blame and prevent disclosure to authorities
• economic abuse including coerced debt, controlling spending/bank accounts/investments/mortgages/benefit payments
• controlling the ability to go to school or place of study
• taking wages, benefits or allowances
• threatening to hurt or kill
• threatening to harm a child
• threatening to reveal or publish private information
• threatening to hurt or physically harming a family pet
• assault
• physical intimidation e.g. blocking doors, clenching or shaking fists
• criminal damage (such as destruction of household goods)
• preventing a person from having access to transport or from working
• preventing a person from learning or using a language or making friends outside of their ethnic or cultural background
• family ‘dishonour’
• reputational damage
• sexual assault or threats of sexual assault
• reproductive coercion, including restricting a victim’s access to birth control, refusing to use a birth control method, forced pregnancy, forcing a victim to get an abortion, to undergo in vitro fertilisation (IVF) or other procedure, or denying access to such a procedure
• using substances such as alcohol or drugs to control a victim through dependency, or controlling their access to substances
• disclosure of sexual orientation
• disclosure of HIV status or other medical condition without consent
• limiting access to family, friends and finances
• withholding and/or destruction of the victim’s immigration documents, e.g. passports and visas
• threatening to place the victim in an institution against the victim’s will, e.g. care home, supported living facility, mental health facility, etc (particularly for disabled or elderly victims

Harassment and Stalking
www.sentencingcouncil.org.uk/outlines/harassment-and-stalking

Controlling or Coercive Behaviour
www.sentencingcouncil.org.uk/offences/magistrates-court/item/controlling-or-coercive-behaviour-in-an-intimate-or-family-relationship

Crown Prosecution Service Guidance
www.cps.gov.uk/legal-guidance/stalking-or-harassment

https://www.cps.gov.uk/legal-guidance/controlling-or-coercive-behaviour-intimate-or-family-relationship

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