Protection from Harassment Order

    • Restricting a person from pursuing a course of action which 

      • Results in harassment of another

      • Or one could reasonably assume the course of action could result in harassment of another. 

    • Does not apply if 

      • It is proven that the aggressor was attempting to prevent or detect crime

      • The harassment order was pursued under any statutory provision or rule of law 

      • Malicious intent

      • Aggressors course of conduct was reasonable

    • When the Offence is aggravated, the potential fines/time served increases

    • Aggravating Factors:

      • Planning or pre-meditation

      • Offender ignores obvious distress to victim

      • Offender involves other persons to assist in the offence

      • Using contact arrangements with a child to instigate/perpetuate the offence

      • Victim requires medical treatment/counselling as a result of the offence

      • Offence motivated by, or demonstrating, hostility to victim on account of their membership of a racial group, religious group, sexual orientation group, disability or presumed disability

      • Offence caused children to be distressed/frightened

      • Offence committed in the context of bullying at college/university/workplace/etc.

      • Victim forced to leave home

      • Victim particularly vulnerable

      • Creating email/website accounts purporting to be the victim

      • Offender using social media to target victim and/or commit the offence (ex cyber-bullying) 

    • Criminal Charges: includes imprisonment and/or a fine 

      • Time served: maximum of 6 months in magistrates court and 2 years in crowns court

      • Fine: maximum £5,000 in magistrates court and unlimited in crowns court

    • If there are a small number of incidents over a relatively short period of time

      • Starting Point: Community Order + Compensation Order

      • Sentencing Range: Fine to community order + compensation order + restraining order

    • If there is persistent contact to victim’s home, workplace or during the night

      • Starting Point: 1 month custody + compensation order

      • Sentencing Range: Community order to 3 months custody + compensation order + restraining order

    • If perpetrator is Taking/making/distributing photographs or images of the victim; OR sending/publishing offensive material or messages (including the use of social media)

      • Starting Point: 2 months custody + compensation order

      • Sentencing Range: 1-6 months custody + compensation order + restraining oroder

    • Call 101 in non-emergency situations

    • Call 999 in emergency situations

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