Harassment Law Overview
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Questions and Answers

What is the minimum age of a suspect for a stalking Protection Order application?

  • 15 years old
  • 12 years old
  • 10 years old (correct)
  • 8 years old

    • Who must authorize an application for a stalking Protection Order?

  • Inspector or above (correct)
  • Chief Superintendent
  • Sergeant
  • Constable

    • At what stage in the criminal justice process can a Stalking Protection Order be made?

  • Only during sentencing
  • Only post-conviction
  • At any stage of the process (correct)
  • Only before any charges are filed

    • Which assessment is required for all domestic abuse stalking investigations?

    <p>PPN DASH risk assessment</p> Signup and view all the answers

    What does Section 7 (4) (b) of the Act allow in relation to stalking behaviour?

    <p>Retrospective consideration of stalking behaviour</p> Signup and view all the answers

    What is the primary purpose of Stalking Protection Orders?

    <p>To provide a means for early police intervention</p> Signup and view all the answers

    What is the maximum imprisonment term for an offence under Article 6 on conviction on indictment?

    <p>Seven years</p> Signup and view all the answers

    Which of the following is NOT a defence under Article 6?

    <p>Mental health of the perpetrator</p> Signup and view all the answers

    Which of the following statements is true regarding stalking Protection Orders?

    <p>They can be used in both domestic and non-domestic contexts.</p> Signup and view all the answers

    Who must be consulted when a restraining order is made?

    <p>The victim</p> Signup and view all the answers

    Which template is required to be completed for all non-domestic abuse stalking incidents?

    <p>S DASH template</p> Signup and view all the answers

    Under what condition can a court impose a restraining order even if the defendant has been acquitted?

    <p>If it's necessary to protect a person from harassment</p> Signup and view all the answers

    What is a key requirement for the conditions of a restraining order?

    <p>They should be realistic and reasonable</p> Signup and view all the answers

    What may the PPS consider regarding mental health when dealing with a case under Article 6?

    <p>In terms of public interest and sentencing</p> Signup and view all the answers

    What is the maximum imprisonment term for an offence under Article 6 on summary conviction?

    <p>Six months</p> Signup and view all the answers

    Which entity is responsible for applying to vary or discharge a restraining order?

    <p>The PPS, defendant, or named person</p> Signup and view all the answers

    What must a person do to be guilty of harassment under the Protection from Harassment (NI) Order 1997?

    <p>Pursue a course of conduct that causes distress to the victim.</p> Signup and view all the answers

    According to the Protection from Harassment (NI) Order 1997, how is 'course of conduct' defined?

    <p>Conduct on at least two occasions.</p> Signup and view all the answers

    Which of the following statements about victims is true in the context of harassment?

    <p>Victims who are foreign nationals may be fearful of police involvement.</p> Signup and view all the answers

    What does Article 3 of the Protection from Harassment (NI) Order 1997 state about the perpetrator's knowledge?

    <p>The perpetrator should know their conduct amounts to harassment.</p> Signup and view all the answers

    What is the maximum imprisonment term for a conviction on indictment under the Protection from Harassment (NI) Order 1997?

    <p>Two years.</p> Signup and view all the answers

    Which of the following is an example of conduct that may be considered harassment?

    <p>Repeatedly following someone and making distressing remarks.</p> Signup and view all the answers

    What aspect does the Protection from Harassment (NI) Order emphasize regarding the conduct of the perpetrator?

    <p>The impact of the conduct on the victim.</p> Signup and view all the answers

    What can constitute a course of conduct under the Protection from Harassment (NI) Order 1997?

    <p>Actions or words on at least two occasions.</p> Signup and view all the answers

    What is a tactic commonly used by stalking perpetrators to maintain control over their victims?

    <p>Joining the same community or social groups as the victim</p> Signup and view all the answers

    Which action is indicative of vexatious litigation in the context of stalking?

    <p>Making legal complaints against the victim</p> Signup and view all the answers

    What behavior involves manipulating a victim's mental health in stalking situations?

    <p>Making them believe they are unstable or 'mad'</p> Signup and view all the answers

    Which of the following actions is considered a form of criminal damage related to stalking?

    <p>Breaking into the victim's car</p> Signup and view all the answers

    What does 'revenge porn' refer to in the context of stalking?

    <p>Publishing personal images or information without consent</p> Signup and view all the answers

    What is commonly used by stalking perpetrators to isolate their victims?

    <p>Creating disputes between the victim and their support network</p> Signup and view all the answers

    Which of the following best describes a common reason stalking victims feel trapped?

    <p>The perpetrator uses manipulation and threats</p> Signup and view all the answers

    What tactic might a stalking perpetrator use against the victim to inflict further distress?

    <p>Making counter allegations to authorities</p> Signup and view all the answers

    What does recklessness mean in the context of threatening and abusive behaviour?

    <p>The perpetrator foresaw potential alarm but took the risk anyway.</p> Signup and view all the answers

    Which of the following can serve as a statutory defence under section 2(2) of the Act?

    <p>The behaviour was a result of extreme provocation.</p> Signup and view all the answers

    What is the maximum imprisonment term for a person convicted under section 2 in summary proceedings?

    <p>12 months</p> Signup and view all the answers

    When can statute barred offences be utilized in stalking behaviour cases?

    <p>Only incidents of abuse from April 27, 2022, onwards.</p> Signup and view all the answers

    What is the purpose of a Stalking Protection Order (SPO)?

    <p>To prevent stalking behaviours from escalating.</p> Signup and view all the answers

    What action can police take regarding Stalking Protection Orders without needing to meet the criminal threshold?

    <p>Apply for a civil Stalking Protection Order.</p> Signup and view all the answers

    Why might a Stalking Protection Order also protect individuals connected to the victim?

    <p>Because stalking may extend to friends, family, or co-workers of the victim.</p> Signup and view all the answers

    What is a potential penalty for someone found guilty under section 2 on conviction on indictment?

    <p>Imprisonment for up to 5 years and/or a fine.</p> Signup and view all the answers

    Study Notes

    Harassment

    • The Protection from Harassment (NI) Order 1997 prohibits harassment
    • Harassment is defined as a course of conduct that amounts to harassment, and the perpetrator knows or ought to know this will cause the victim harassment
    • Harassment includes alarming the person or causing them distress
    • A reasonable person in possession of the same information would think the course of conduct amounted to harassment

    Course of Conduct

    • A course of conduct must involve conduct on at least two occasions
    • Conduct includes speech
    • Each individual incident towards a course of conduct does not necessarily have to cause harassment, it is sufficient that only the most recent incident causes harassment
    • Incidents may be far apart but still constitute a course of conduct

    Defences for Harassment

    • It is a defence to show that the course of conduct was pursued for the purpose of preventing or detecting crime
    • It is a defence to show that the course of conduct was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment
    • It is a defence to show that the course of conduct was reasonable for the protection of themselves or another, or for the protection of their or another’s property
    • The mental health of the alleged perpetrator would NOT be a defence

    Restraining Orders

    • A court may make a restraining order for the purpose of protecting the victim of the offence, or any other person mentioned in the order
    • Courts may impose a restraining order where the defendant has been acquitted of any offence if the court considers it necessary
    • The victim should be consulted and the PPS informed of their views
    • The conditions should be realistic, reasonable and proportionate and be in terms which make it relatively easy to determine and prove a breach
    • The PPS, defendant, or any person named in the order may apply to the court to have it varied or discharged
    • The investigating officer should obtain the victim’s views promptly and convey them to the PPS with any additional information

    Stalking Tactics

    • Stalking perpetrators may use a range of tactics to perpetuate control over the victim through professionals, agencies or systems
    • Tactics include:
      • Deliberately targeting vulnerable people
      • Manipulating a person’s mental health
      • Causing or creating vexation or using the system against the victim by making vexatious complaints
      • Making counter-allegations against the victim
      • Attempting to frustrate or interfere with a police investigation
      • Using threats to manipulate the victim

    Defences for Threatening and Abusive Behaviour

    • A person charged with threatening or abusive behaviour can show that the behaviour was reasonable in the particular circumstances
    • Examples of reasonable behaviour may include where it is used as a form of self-defence or in response to extreme provocation

    Statute Barred Offences

    • Statute barred offences can be used as part of the stalking course of behaviour
    • The statute barred offence must have occurred after the 27th April 2022
    • There must be a connection between the statute barred offence and the other stalking behaviour reported
    • The more incidents there are between the statute barred offence and the stalking behaviour would strengthen the case

    Stalking Protection Orders (SPO)

    • A Stalking Protection Order (SPO) is a civil order which can be sought by the police
    • SPOs are intended to prevent perpetrators from carrying out acts associated with stalking before the behaviour escalates
    • The police should consider applying for an order not just to protect the victim, but also anyone connected to the victim who may also be at risk
    • Applications for an SPO are made on complaint by the PSNI authorising officer, which is not below the rank of Inspector
    • Grounds for an application include:
      • The suspect is aged 10 or over has carried out acts of stalking
      • The suspect poses a risk associated with stalking
      • There is reasonable cause to believe that the proposed order is necessary to protect another person from such risk
    • There is no restriction as to the stage of the criminal justice process at which an order may be made

    Using DASH

    • All domestic abuse stalking investigations require a PPN DASH risk assessment
    • All non-domestic abuse stalking incidents require an S DASH template to be completed
    • The aim is to ensure a detailed picture, where possible, to inform decisions throughout the Stalking Protection Order process
    • Stalking Protection Orders may be used in a domestic abuse context

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    Related Documents

    Public Protection and Safety: Harassment (PDF)

    Description

    This quiz covers key aspects of the Protection from Harassment (NI) Order 1997, including definitions, courses of conduct, and possible defenses against harassment claims. It aims to provide a clear understanding of what constitutes harassment and the legal implications involved.

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