WILTSHIRE POLICE FORCE PROCEDURE

Transcription

1 WILTSHIRE POLICE FORCE PROCEDURE HARASSMENT PROCEDURE Author Inspector 19 Steven Douglass Department Justice Division Date of Publication August 2011 Review Date August 2014 Technical Author Inspector 19 Steven Douglass

2 CONTENTS PAGE 1. INTRODUCTION 1.1 Strategic Aims European Convention of Human Rights (ECHR) Compliance HARASSMENT 2.1 Overview 4 3. PREVENTION FROM HARASSMENT ACT Sections 1 and Explanation of the offence Defences and Exemptions Putting People in Fear of Violence Other Substantive Offices Investigation of Offences Harassment Information Notice Charging Statute of Limitations Restraining Order Civil Injunctions HARASSMENT PROCESS FLOWCHART 13 LIST OF APPENDICES Appendix A Harassment Information Notice 14 Appendix B NICHE Instructions Appendix C HO Counting Rules - 8L Harassment Classification Appendix D HO Counting Rules - 8L Harassment Counting Rules Appendix E HO Counting Rules - 8M Racially or Religiously Aggravated Harassment Classification Appendix F HO Counting Rules - 8M Racially or Religiously Aggravated Harassment Counting Rules 25 1

3 1. INTRODUCTION The Human Rights Act places a positive obligation on police officers to take reasonable action within their powers to safeguard the rights of victims. This positive obligation extends from the initial deployment through the whole process of investigation and the protection and care of victims of harassment. An effective and proactive investigation should be completed in all cases where harassment is reported or suspected. This document sets out to explain: the purpose and implementation of the legislation Guidance on the initial response and investigation of offences Use of Harassment Information Notices Charging Recording and resulting offences 1.1 Strategic Aims The strategic aims linked to this document are set out below. Force Priorities Linked to this Procedure Delivering Safer Communities Delivering Satisfied Communities Managing our Risks Consolidating and Co-ordinating our Effort 1.2 European Convention on Human Rights (ECHR) Compliance The table below lists the ECHR Compliance Guide paragraphs that specifically relate to this Procedure. ECHR Compliance Guide paragraphs relating to this document 1. Statement of Compatibility 2. Public Access 5. The Impact of The European Convention on Human Rights 7. Article 3 - Prohibition of Torture 9. Article 5 - Right to Liberty and Security 10. Article 6 - Right to a Fair Trial 11. Article 7 - No Punishment without Law 12. Article 8 - Right to Respect for Private and Family Life 17. Article 14 - Prohibition of Discrimination 18. The First Protocol - Article 1 - Protection of Property 19. Positive Obligation 20. Duty of Staff Disability Discrimination Act 1995 In writing this procedure the main implications of the above Act, together with the Disability Discrimination Act (Amendment) Regulations 2000 have been taken into account. 2

4 Race Equality and Diversity Impact This procedure has been assessed for relevance to the general duty to provide race equality under the Race Relations (Amendment) Act This assessment has shown that the procedure and its aims are likely to have the relevance level indicated below Relevance Level (Please see Wiltshire Constabulary Race Equality Scheme for details of how to assess the Relevance levels of policies and procedures) Low relevance Relevant duties under the RRA Act 2000 Elimination of unlawful racial discrimination Promotion of Equality of Opportunity Promotion of good race relations. In this regard a full Race Equality Impact Assessment has not been undertaken. {HR Partner (Diversity) advice is that Wiltshire Police Statutory Compliance Assessment is sufficient in this case}. Freedom of Information Act This document is suitable for publication within the Force Freedom of Information Publication Scheme, and for disclosure to the public. Data Protection Act The Data Protection Act applies in respect of this procedure. Wiltshire Police Statutory Compliance Assessment In addition to the above, an Equalities Impact Assessment has also been completed. This covers Diversity, Freedom of Information and Data Protection. 3

5 2. HARASSMENT 2.1 Overview The Protection from Harassment Act was implemented in The main purpose of the Act is to deal with the problem of stalking - persistent and often obsessive behaviour targeted against a particular individual. The scope of the Act is however much wider than this. The Act sought to address those problems by introducing new offences, powers and procedures. An offence of harassment. An offence of putting people in fear of violence. A power enabling courts to make restraining orders. Breaches of non-harassment injunctions or restraining orders are criminal offences. Breach of Restraining Order. A civil remedy for harassment consisting of a civil wrong and a power for courts to issue an injunction. The types of behaviour that constitute harassment can include for example: threats; damaging a person s property; silent phone calls; sending unwanted gifts or ordering taxis; antisocial behaviour; bullying at school or in the workplace; domestic abuse; neighbour disputes; stalking; hate incidents motivated by discrimination on the grounds of race, disability, sexual orientation or religion. The offence is worded in such a way that a suspect does not have to act out of malice or spite. Nor does s/he have to be, or intend to be, threatening abusive or insulting as in the public order legislation. The person must, however, know or ought to know that their actions amount to harassment or is likely to cause harassment. The offences may be committed anywhere, in public or private but the Act allows the police to intervene at an early stage, before an offender s behaviour escalates to the point of violence. When considering arrest, there is no requirement to prove a specific intent provided the arrest complies with SOCAP Act

6 3. PREVENTION FROM HARASSMENT ACT Section 1 1(1) A person must not pursue a course of conduct (a) (b) which amounts to harassment of another, and which he knows or ought to know amounts to harassment of the other. 1(1A) A person must not pursue a course of conduct (a) which involves harassment of two or more persons, and (b) which he knows or ought to know involves harassment of those persons, and; (c) by which he intends to persuade any person (whether or not one of those mentioned above) (i) (ii) not to do something that he is entitled or required to do, or to do something that he is not under any obligation to do. 1(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to or involves harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to or involved harassment of the other. 1(3) Subsection 1(1) or (1A) does not apply to a course of conduct if the person who pursued it shows (a) (b) (c) that it was pursued for the purpose of preventing or detecting crime, that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or that in the particular circumstances the pursuit of the course of conduct was reasonable. Section 2 2(1) A person who pursues a course of conduct in breach of section 1(1) or (1A) is guilty of an offence. 3.2 Explanation of the Offence For the offence to be complete the following points must be proved 1. The suspect has pursued a course of conduct. 2. The course of conduct amounts to harassment of another. 3. The suspect knows or ought to know the conduct amounts to harassment of the other. 1. The suspect has pursued a course of conduct Two or more separate incidents are required but; they do not have to be the same, or even of the same type, or even done by the same person. While the Act provides that a course of conduct must involve at least two occasions, it does not specify how far apart in time the occasions may be. However, the fewer the number of occasions and the further apart in time they are, the less likely it is that they will be accepted by a court as amounting to such a course. 5

7 2. The conduct amounts to harassment of another The Act does not fully define harassment, but states that references to harassing a person include alarming the person or causing the person distress. 3. The suspect knows or ought to know the conduct amounts to harassment of the other The mental element in harassment is established on proof that the suspect: - knew the conduct amounted to harassment, or - ought to have known the conduct amounted to harassment. Examples: a) A person has an infatuation with another person and s/he keeps leaving a bunch of flowers on that person s car. The person tells him/her that s/he is not interested and would like him to stop. If s/he continues to leave flowers s/he commits the offence of harassment because: s/he pursues a course of conduct by repeatedly leaving flowers; the course of conduct is aimed at another person; and s/he knows or ought to know the conduct amounts to harassment as s/he has been told to stop. b) A person constantly knocks on the door of a particular house where someone lives that s/he does not like and runs away. The occupants report this to the police who visit and advise the person of his/her behaviour. The person then starts making silent phone calls to the address. Whilst these incidents involve different types of behaviour: s/he pursues a course of conduct and is warned not to; s/he then continues the course of conduct but of a different type; s/he has been advised of his/her behaviour so knows or ought to know the different conduct continues to amount to harassment. 3.3 Defences and Exemptions There are three defences. A course of conduct will not amount to harassment if the suspect can show: - that it was pursued for the purpose of preventing or detecting crime; or - that it was pursued under any enactment or rule of law (or to comply with any condition or requirement imposed by any person under any enactment); or - that in the particular circumstances the pursuit of the course of conduct was reasonable. Mental illness is not a defence: The wording of the offence is deliberately phrased so that someone suffering from a mental illness such as some form of obsessive behaviour or schizophrenia cannot use that illness as a defence (see the 'reasonable person' test in section 1(2)). The legislation was intended to protect against such individuals. However, the Court would take account of such illnesses when sentencing (R v Colohan Times ). There is no requirement under the Protection from Harassment Act 1997 that a warning must be given prior to any arrest being made. Wiltshire Police have adopted the warning scheme as procedure but there is no legal requirement to do so. 6

8 3.4 Putting People in Fear of Violence The offence of putting people in fear of violence is directed at more serious behaviour, where violence is feared. The offence is similar to that of harassment and is available for more serious offences but the incident must put the victim in fear of violence. 3.5 Other Substantive Offences The offence of harassment in the Act can include a wide range of behaviours or offences including those under the Offences Against the Persons Act 1861, Sexual Offences Act 2003 and Malicious Communications Act However, the Act is not intended to replace existing powers to deal with substantive offences or specific situations for which offences are available. In circumstances where specific offences are apparent officers should investigate these in the same way as any other incident and deal with the circumstances appropriately. For example: Type of Conduct Scope of Conduct Possible Offence Sending letters or other articles with Includes letter, electronic communication, phone call, texting or S1 Malicious Communications Act 1988 intent to cause distress or anxiety other means Harassment A course of conduct that causes S2 PHA or Sec 4A POA Putting people in fear of violence Racially or religiously aggravated harassment or fear of violence Improper use of public electronic communications system harassment, alarm or distress Conduct that causes another to fear on two or more occasions that violence will be used against them A racially or religiously aggravated offence under S2 or S4 of the PHA Sending, or causing to be sent, a message or other matter that is indecent, obscene, of menacing character or grossly offensive. S4 POA S32 Crime and Disorder Act 1998 S127(1) Communications Act 2003 Malicious phone calls Fear or provocation of violence For the purpose of causing annoyance, inconvenience or needless anxiety, causes a message to be sent or makes persistent use of a public electronic communications network or sends a message which s/he knows is false A person who sends to another a letter, electronic communication or article which is indecent, grossly offensive or a threat or false information to cause distress or anxiety to the recipient or to any other person Other than in a dwelling, uses threatening, abusive or insulting words or behaviour, or signs, with intent to cause the victim to fear immediate unlawful violence or provoke violence or where violence is likely or likely to be S127(2) Communications Act 2003 S1 Malicious Communications Act 1998 S4 Public Order Act

9 Type of Conduct Scope of Conduct Possible Offence provoked Causing Intentional Other than in a dwelling, with intent to Section 4A of the Public harassment, alarm or cause a person harassment, alarm or Order Act 1986 distress. distress, he uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or displays any writing, sign or other visible representation which is threatening, abusive or insulting, thereby causing that or another person harassment, Causing harassment, alarm or distress Threats to kill Witness/Juror intimidation Intimidation or annoyance by violence or otherwise Causing psychiatric injury Causing public nuisance alarm or distress. In a public place, uses threatening, abusive or insulting words or behaviour, or signs, within sight or hearing of a person likely to be caused harassment, alarm or distress Threatening to kill any person with intent that the person to whom the threat is made would fear the threat would be carried out Intentionally intimidating, causing or threatening harm (including financial harm) to a witness, juror or potential witness or juror with intent to pervert the course of justice or interfere with an investigation With a view to compel another to abstain from or to do an act, uses violence, intimidates, persistently follows, hides their property, watches or besets their home or workplace or where they happen to be Where the conduct has caused psychiatric injury to the victim then an assault may have been committed. The appropriate section of the OAPA 1861 would depend on the quality of the evidence that is available Any nuisance which materially affects the reasonable comfort and convenience of a person or any nuisance which is widespread in its range, or so indiscriminate in its effect, that it would not be reasonable to expect one person to take proceedings on their own responsibility to put a stop to it, and, therefore, the community at large should prosecute. Can include various behaviours: S5 Public Order Act 1986 S16 Offences Against the Persons Act 1861 S51 Criminal Justice and Public Order Act 1994 S1 Trade Union and Labour Relations (consolidation) Act 1992 S47, 18 & 20 Offences Against the Persons Act 1861 Common Law 1. Nuisance phone calls to an individual or lots of people 2. Glue sniffing 3. Posting offensive material 4. Holding a rave Profane or obscene Creates offences which may only be Section 28 of the Town 8

10 Type of Conduct Scope of Conduct Possible Offence language in the street committed in the street to the obstruction, annoyance or danger of residents or passengers. The offences are categorised under various subject headings: Police Clauses Act 1847 Presence or behaviour of groups Every person who publicly uses profane or obscene language. Every person who drives any carriage furiously (dangerously fast). A bicycle is a carriage. Every person who wilfully and wantonly disturbs an inhabitant by ringing a door-bell or knocking at a door. Every person who wantonly throws or discharges a stone or other missile. (fireworks, eggs) Every person who allows or urges any dog or other animal to attack, worry, or put in fear any person or animal. Where a Superintendent believes the public have been intimidated, harassed, alarmed or distressed as a result of the presence or behaviour of groups of two or more persons in public places in a specified area, and that anti-social behaviour is a significant and persistent problem in this relevant locality. The Superintendent may give written authorisation allowing constables in uniform force groups to disperse / leave the locality and also to return young people under 16 who are unsupervised in this area after 9pm to their home addresses. Section 30 of the Anti-Social Behaviour Act Investigation of Offences All allegations of harassment or investigations into offences which may amount to such an offence must be properly investigated in accordance with the Crime Investigation Standards Manual. All steps must be taken to ensure the safety of the victim and any persons present including police officers, to secure and preserve available evidence and undertake a thorough and conscientious investigation. Where a substantive offence is disclosed, it should be dealt with as a crime and fully investigated whether or not it also forms part of a pattern of behaviour which may amount to an offence under PHA For example where a victim has received abusive phone calls these may amount to specific offences under the Malicious Communications Act In such circumstances, every effort should be made to investigate the offence including obtaining phone records reviewing any relevant history of previous reports and incidents relating to the suspect; and interviewing the suspected offender. 9

11 It should be noted that harassment offences may be summary offences and therefore any court proceedings will be barred by statute if not brought within 6 months. Enquiries should therefore be made as quickly as possible (see para 3.9). At the outset the investigating officer should consider the vulnerability of the victims and witnesses and make a decision as to whether special measures may be necessary. When it is deemed appropriate to obtain a victim or witness statement by way of video interview it must be conducted by an appropriately trained officer. 3.7 Harassment Information Notice It will not normally be appropriate to issue a Harassment Information Notice where the evidence of a course of conduct under the Prevention of Harassment Act is sufficient to support a prosecution. A Harassment Information Notice should not be issued in relation to behaviour which even if it forms part of a course of conduct, would not constitute a breach of the Prevention of Harassment Act Sometimes a suspect may be unaware that their actions are unwelcome to the victim or that they could be criminally liable for their actions. Where they are genuinely unaware, early intervention by use of a Harassment Information Notice could be sufficient to prevent further harassment. Whenever a first allegation of any harassment is received, both parties and any witnesses must be spoken to in order to establish if there is sufficient evidence to establish a course of conduct or prove another offence. In cases where the suspect resides in another force area, enquiries should be made through the appropriate force to speak with the suspect. Where a suspect denies the alleged behaviour or knowing the victim and there are no reasonable grounds to support the allegation or the suspect s involvement, it will not normally be appropriate to issue a warning. The allegation could be false or the suspect may have been wrongly identified. It is therefore important that sufficient enquiries are made to corroborate the allegations. Determining a suspect s real intent is not always easy and some suspects may try to use ignorance as an excuse for their activity. Where a suspect has claimed ignorance, the delivery of the notice will be relevant evidence to prove subsequently that they were aware that any continuation of the conduct had amounted to harassment. Officers should be conscious, particularly in circumstances involving estranged partners that police action is not used inappropriately to manufacture or strengthen civil claims against the other party. Reasonable behaviour by one person may be maliciously exaggerated by the complainant in order to create a police case against the other person and therefore bolster any civil action. An example was a report of harassment made against the estranged partner who was merely writing letters to confirm dates and arrangements to see his children. It is not satisfactory for officers to take brief or unsubstantiated allegations and simply serve a Harassment Information Notice as a means of finalising the allegation. Issue of a Harassment Information Notice must first be authorised by a supervisory officer or Evidence Review Officer on the Niche investigation log. Whenever an information notice is given, the officer must not state or imply that by issuing the Notice it is the end of the matter. Such a statement or implication could render evidence of all conduct prior to the warning inadmissible in any subsequent prosecution. The Harassment Information Notice MUST be served personally (not sent through the post) to ensure the suspect is: clearly identified; aware of the allegation; and 10

12 understands the warning. You must ask the suspect to read and sign a copy of the notice indicating receipt and understanding. If the suspect refuses to sign or is unable to read and/or sign, you must: record the refusal on the notice, including any comments made; and ensure corroboration by any witness, if present (including colleague, interpreter or appropriate adult). The serving of a Harassment Information Notice is not an alternative to arrest and no threat of arrest or alternative action should be made if the individual refuses to sign. If the evidence supports a substantive offence it should be dealt with as such. The purpose of the notice is to ensure the individual is aware their behaviour may amount to harassment and therefore support a future prosecution should it be necessary. When a Harassment Information Notice has been served the copy must be scanned and attached to the Niche occurrence along with any other relevant documentation such as PNB entry. The person status classification on Niche must be updated to show the person Warned for 1 st instance Harassment. 3.8 Charging Officers must ensure that the charges preferred in harassment cases reflect the seriousness and persistence of the suspect s behaviour, the provable intent and the severity of the injury and harm suffered by the victim. The investigating officer should liaise with their ERO and/or CPS at the earliest opportunity to seek advice on the sufficiency of the evidence, type of evidence required and the most appropriate charge(s). Every effort must be made to consult the victim prior to making a bail decision. Custody officers must ensure that bail conditions are designed to protect victims, children and witnesses from intimidation and violence. If there is no power to apply for a remand in custody then conditional bail should be used where appropriate. 3.9 Statute of Limitations Simple harassment is a Summary Only offence and officers must be mindful of the 6 months Statute of Limitations. However, as harassment offences often include a course of conduct which exceeds this 6 month period, these actions may be included in the evidence so long as the most recent aspect of this course of conduct was within the 6 month Statute of Limitations Restraining Order Criminal courts can now make an order restraining convicted offenders from further conduct which amounts to harassment or which will cause fear of violence. The purpose of the order is to provide protection from further conduct which amounts to harassment, or will cause a fear of violence. A restraining order can be a significant aid to managing the risk to a victim and in preventing further harassment. The investigating officer should prepare draft conditions for an order for the information of the CPS. Suggested conditions may include: Not (either alone or by means of agents) to directly or indirectly contact, harass, alarm, distress or molest the victim and others as appropriate; Not to knowingly approach within the boundary of (specify street or road names) or any premises, where the victim, and others as appropriate, reside, work or frequent. Not to telephone, fax, communicate by letter, text, electronic mail or internet with the victim and others as appropriate or to send or solicit to send any correspondence whatsoever. 11

13 Not to retain, record or research by any means, private, confidential or personal facts or information relating to the victim and others as appropriate. Not to use a different name or to change his or her name without immediately notifying the court or investigating officer. This information and any other information which may assist CPS applying for the order should be contained within the MG6 confidential information. Breach of a restraining order is a criminal offence. Details of existing restraining orders are recorded on PNC and locally on Niche Civil Injunctions Civil courts are allowed the power to issue injunctions to restrain defendants from conduct that amounts to harassment. Victims who have evidence that an offender has breached an injunction will have two options: 1) they can apply in the civil court for a warrant of arrest (to bring the offender back before the civil court); or, 2) they can report the matter to the police who may then consider arrest since breach of this type of injunction is itself an arrestable offence. 12

14 HARASSMENT PROCESS FLOWCHART 8L Harassment Classification (3 of 3) Harassment Act 1997: Recording Practice 1. Action that may amount to Harassment reported to police for the First Time 2. Do the circumstances amount to a Notifiable Crime other than Harassment? Yes 3. Record the Crime under the appropriate crime classification (includes Public Order, Breach of Conditions; Breach of Restraining Orders etc) No 4. Do the circumstances amount to a Course of Conduct? (Same victim and offender) Yes No 5. Record an Incident occurrence. Issue Harassment Information Notice and scan onto occurrence. Update suspect classification Warned 1 st instance harassment Task FCC - Harassment Flag providing expiry date. 6. Record Crime of Harassment Deal with suspect positive disposal (Charge; summons; caution etc. It does not include the issue of a verbal warning) 7. Another incident reported involving same victim/offender? Update the first Incident Occurrence with new evidence and ensure this record is classified as a Crime (via FCC/CMU) 8. Following the Crime being recorded are any subsequent incident/s reported to the police? 9. Have police taken action against the offender? Positive disposal as above Yes 10. Do Not record a New Crime but update the original Crime occurrence (i.e. treat this as part of the original crime providing more evidence of conduct. No 13

15 WILTSHIRE POLICE HIN 1 (July 11) HARASSMENT INFORMATION NOTICE Last Name: Date of Birth: First Name: Address: Postcode: Details of alleged conduct (specific actions which have been alleged by the complainant): The police have received an allegation of harassment against you. Harassment is any behaviour, on at least two occasions, which causes alarm or distress to someone else. At this stage, the police are not commenting on the truth of this allegation. Instead, this letter is being given to you in the spirit of crime prevention and to make you aware that if it is alleged that you have committed any further acts of harassment, you may be liable to arrest on suspicion of having committed harassment within the 1997 Act. You should also be aware that if further such behaviour resulted in prosecution then the behaviour complained of above could be referred to, or relied upon, in any subsequent proceedings. This letter is neither a court order nor a criminal record, but will be kept by the police for the purposes of any future investigations and retained in accordance with national guidelines on the Management of Police Information. Signature of Recipient: Officer Issuing Name: Rank/No: Station: Contact Tel: Witnessing Officer(s) (Note: This is not an admission or acceptance of the allegations. You are signing only to acknowledge that you are aware of the allegation and that you now understand what harassment is.) Time / Date of Issue: Description of Recipient Occurrence No: Ethnicity Sex Exhibit No: Age Height Description: Harassment Information Notice Build Hair Date: Complexion I identify this exhibit as that referred to in my statement Distinguishing Features Officers Signature: Clothing Carrying Anything Officers Name: 14

16 APPENDIX B HARASSMENT WARNING RMS NICHE Within the Person Record there is a Classification box which details the involvement of the person e.g. Aggrieved/Suspect/Witness etc. There is a tick box for Warned 1 st Instance harassment. When this is selected the person record on the involved tab looks like this: 15

17 FCC will add the Harassment warning flag to the person record via the relevant occurrence FCC will add the end date or flag expiry date (if for 6 months just type in +180) or manually type in a date Flags applied to Niche require an expiry date. The length of time that a flag remains on Niche is the decision of the officer. As a general rule the issuing of a Harassment Information Notice should remain on Niche for six months. In the case of LAU v DPP 2000, LAU was convicted of harassment where there was a period of four months between the two incidents that made up the course of conduct. LAU appealed and his conviction was quashed. The appeal decided that the fewer the occasions and the wider they were spread, the less likely it would be that a finding of harassment could be made. The Court had to consider whether the incidents could be described as a 'course of conduct' and in this instance, there was insufficient evidence to come to that conclusion. However it is possible to think of circumstances where incidents a year apart could be held to be a 'course of conduct'. An example would be a course of conduct on someone's birthday each year. The harassment flag and end date will need to be added by the Force Contact Centre. 16

18 When an expiry date is reached the flag becomes greyed out and disappears from the normal view of the warnings / flags tab of the person record. However, it will be useful for investigators and other staff to see if someone has previously had such a flag on their record, which has expired and gone from view. This is possible quite easily, as described in the following screenshots. This shows a live Harassment warning. To check if the person has been subject of previous such flags: Right click in the blank grey area below the live flag... 17

19 ... a menu drops down, click on Filter, another menu opens, click on All Flags... this will then reveal any expired flags (not just harassment warning ones) such as seen here a greyed out expired flag showing the last flag expired 01/04/

20 4. HOME OFFICE COUNTING RULES (HOCR) APPENDIX C 8L Harassment Classification (1 of 3) Classification 8L excludes harassment offences under 9A. 8/29 Breach of conditions of injunction against harassment. Sec 3 Protection from Harassment Act /30 Putting people in fear of violence, Sec 4. Protection from Harassment Act /31 Breach of a restraining order, Sec 5 Protection from Harassment Act /9 Causing intentional harassment, alarm or distress Public Order Act 1986 Sec 4A. 125/11 Fear or provocation of violence. Public Order Act 1986 Sec /12 Harassment, alarm or distress. Public Order Act 1986 Sec /68 Harassment etc. of a person in his home., Sec 126 Criminal Justice and Police Act 2001 Sec 42A Serious Organised Crime and Police Act /94 Harassment, Sec 2 Protection from Harassment Act 1997 DEFINITION LEGAL: HARASSMENT PROTECTION FROM HARASSMENT ACT 1997 SEC 1 2 & 7 (AS AMENDED BY SERIOUS ORGANISED CRIME AND POLICE ACT 2005 SEC 125) 1 Prohibition of harassment (1) A person must not pursue a course of conduct (a) which amounts to harassment of another, and (b) which he knows or ought to know amounts to harassment of the other. (1A) A person must not pursue a course of conduct (a) which involves harassment of two or more persons, and (b) which he knows or ought to know involves harassment of those persons, and (c) by which he intends to persuade any person (whether or not one of those mentioned above) (i) not to do something that he is entitled or required to do, or (ii) to do something that he is not under any obligation to do. (2) For the purposes of this Section, the person whose course of conduct is in question ought to know that it amounts to or involves harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to or involved harassment of the other. (3) Subsection (1) does not apply to a course of conduct if the person who pursued it shows- (a) that it was pursued for the purpose of preventing or detecting crime, (b) that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or (c) that in the particular circumstances the pursuit of the course of conduct was reasonable." A person who pursues a course of conduct in breach of Section 1 is guilty of harassment (Sec 2). A course of conduct must involve (Sec 7): (a) (b) in the case of conduct in relation to a single person (see Sec 1(1)), conduct on at least two occasions in relation to that person or in the case of conduct in relation to two or more persons (see Sec 1(1A)), conduct on at least one occasion in relation to each of those persons. 19

21 8 L Harassment Classifications (2 of 3) CLASSIFICATION: NUISANCE TELEPHONE CALLS Nuisance telephone calls come under Telecommunications Act 1984 Sec 43, the Communications Act 2003 Sec 127 and the Malicious Communications Act 1988 Sec 1. All these offences are NON notifiable. A series of nuisance calls could, however, amount to a course of conduct; if the notifiable offence of harassment (class 8L) is made out then this must be recorded in these circumstances. COVERAGE: HARASSMENT The Protection from Harassment Act 1997 is designed to be used where no other substantive notifiable offence exists. It addresses series of incidents that do not amount to the commission of a substantive offence per se, but when looked at as a course of conduct are likely to cause fear, alarm or distress. It is important that where evidence exists to support the report of another substantive crime, an offence under the Protection from Harassment Act is not recorded. The Finished Incident Rule (General Rules, Section E) will be applied to recorded crimes of harassment at the point at which the police have in some way dealt with the offender; ie by means of charge, summons, caution etc. It does not include the issue of verbal warning after the first incident or complaint. Sections 4, 4A and 5 of the Public Order Act 1986 under class 9A are also offences of harassment. Unlike offences under the Protection from Harassment Act, they do not require a course of conduct for them to be crimes. 20

22 APPENDIX D 8L Harassment Counting Rules (1 of 2) Classification 8L excludes harassment offences under 9A. GENERAL RULE: ONE CRIME FOR EACH SPECIFIC INTENDED VICTIM. (WHERE THERE IS NO SPECIFIC INTENDED VICTIM, COUNT ONLY ONE CRIME.) EXAMPLE 1: A man is reported to have harassed five women. (At least one related incident amounting to one course of conduct demonstrated for each). Five crimes (class 8L). EXAMPLE 2: A lady reports to police that she is aggrieved with the same suspect who keeps phoning her home address every night for the past week asking her what underwear she is wearing. One crime (class 8L). APPLICATION OF THE RULE If a person is victim to separate offenders, count these crimes separately unless the offenders are part of a group. Example 1: An elderly person is harassed by a group of five children. (At least two related incidents amounting to one course of conduct demonstrated for each). One crime (class 8L). Example 2: The same person is harassed by five children acting independently on separate occasions (all of whom has been responsible for at least two incidents, each amounting to one course of conduct). Five crimes (class 8L). Breach of Injunction or Restraining Order: one crime for each offender. Location of Crimes: see also General Rules Section G. Example 1: A victim in force area A is being harassed over the telephone (ie a course of conduct is established under the Protection of Harassment Act) by someone in force area B. The victim reports it to force A. Force B to record. Example 2: As above, but the offender s location is unknown. Force A to record. 21

23 8L Harassment Counting Rules (2 of 2) Whether to record: see also General Rules Section A and coverage box on class 8C classification page. Example 1: Person A reports that person B has followed her/him home on one first occasion. Register as an incident but do not record a crime. The course of conduct rule (ie at least two separate but related incidents) has not been met. Example 2: Person A reports for the first time that on six days over the past fortnight person B has followed her home causing fear, alarm or distress. Record one crime (class 8L). The course of conduct rule (see above) has been met. Example 3: Person A reports on two consecutive nights person B has been banging on their door shouting abuse, causing fear, alarm or distress. Record one crime (class 8L). The course of conduct rule (see above) has been met. Example 4: As above, but next day person A reports person B has been back at the address repeating the behaviour. No action has yet been taken against person B. No new crime record as it should be considered as further evidence to support the first crime report. Once a crime of harassment under the Protection from Harassment Act 1997 has been recorded, further incidents by the same offender or group of offenders against the same victim, up to the point when police take action against the offender (or offenders), should not be recorded separately. Example 1: A woman reports for the first time that she has been harassed by the same person on numerous occasions. (i) The police decide not to take action against the offender but to monitor the situation (ie to be a substantive offence it is not required that the victim report to police on more than one occasion, only that the victim or empowered third person report at least one course of conduct). One crime (class 8L). (ii) Further incidents of harassment occur and the police decide to take action. No new crime record as it should be considered as further evidence to support the first crime report. 22

24 APPENDIX E 8M Racially or Religiously Aggravated Harassment Classification (1 of 2) Classification 8M excludes offences under 9B. 8/56 (Racially or religiously aggravated (V) (Harassment or stalking without violence. Crime & Disorder Act 1998 Sec 32(1)(a) And (4) (as added to by Anti-terrorism, Crime and Security Act 2001 Sec 39). 8/58 (Racially or religiously aggravated (V) (Harassment or stalking with fear of (violence. Crime & Disorder Act 1998 Sec 32(1)(b) or (4) as added to by Anti-terrorism, Crime and Security Act 2001 Sec 39). COVERAGE: HARASSMENT An incident of harassment is finished at the point at which the police have in some way dealt with the offender; ie by means of charge, summons, caution etc. DEFINITION - LEGAL: HARASSMENT PROTECTION FROM HARASSMENT ACT 1997 SECS 1, 2 & 7 See box on class 8L classification page 1 of 3. DEFINITION - LEGAL: RACIALLY OR RELIGIOUSLY AGGRAVATED CRIME AND DISORDER ACT 1998 SEC 28 (AS ADDED TO BY ANTI-TERRORISM, CRIME AND SECURITY ACT 2001 SEC 39) See box on class 8H classification page 1 of 2. DEFINITION LEGAL: RACIALLY OR RELIGIOUSLY AGGRAVATED HARASSMENT CRIME & DISORDER ACT SECS 31(1) & 32(1) (AS ADDED TO BY ANTI-TERRORISM, CRIME AND SECURITY ACT 2001 SEC 39) 32 (1) A person is guilty of an offence under this Section if he commits- a) an offence under Section 2 of the Protection from Harassment Act 1997 (offence of harassment); or b) an offence under Section 4 of that Act (putting people in fear of violence), which is racially or religiously aggravated for the purposes of this Section." Section 32(1) requires a course of conduct to exist. 23

25 8M Racially or Religiously Aggravated Harassment Classification (2 of 2) RECORDING PRACTICE: RACIALLY OR RELIGIOUSLY AGGRAVATED HARASSMENT A crime of harassment should be recorded as racially or religiously aggravated if evidence of racial or religious aggravation (Crime and Disorder Act 1998 Sec 28) exists at the time of recording. 24

26 APPENDIX F 8M Racially or Religiously Aggravated Harassment Counting Rules (1 of 1) Classification 8M excludes offences under 9B. GENERAL RULE: ONE CRIME FOR EACH SPECIFIC INTENDED VICTIM. (Where there is no specific intended victim, count only one crime). EXAMPLE 1: A man is reported to have racially or religiously harassed five women. (At least two courses of conduct demonstrated for each). Five crimes (class 8M). EXAMPLE 2: Unidentified youths are heard shouting racial abuse at the proprietor of a shop. The proprietor of the shop and others present at the scene state they were not harassed alarmed or distressed by the action of the offenders. No crime. APPLICATION OF THE RULE If a person is victim to separate offenders, count these crimes separately unless the offenders are part of a group. Example 1: A person is racially or religiously harassed by a group of five children (involving at least two courses of conduct). One crime (class 8M). Example 2: The same person is harassed by five children acting independently on separate occasions (each of whom has been responsible for at least two courses of conduct). Five crimes (class 8M). Finished Incidents: see General Rules Section E. Once a crime of harassment under the Protection from Harassment Act has been recorded, further courses of conduct by the same offender or group of offenders against the same victim, up to the point when police take action against the offender (or offenders), should not be recorded separately. Example 1: (i) A woman reports for the first time that she has been racially or religiously harassed by the same person on numerous occasions. The police decide not to take action against the offender but to monitor the situation. One crime (class 8M). (ii) Further incidents of harassment occur and the police decide to take action. No further crime. 25