Part 4Public order and conduct in public places etc.
Harassment
I1125Harassment intended to deter lawful activities
1
The Protection from Harassment Act 1997 (c. 40) is amended as follows.
2
In section 1 (prohibition of harassment)—
a
after subsection (1) insert—
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.
b
in subsection (2), after “amounts to” insert “
or involves
”
and after “amounted to” insert “
or involved
”
;
c
in subsection (3), after “Subsection (1)” insert “
or (1A)
”
.
3
In section 2(1)
(offence of harassment) for “section 1” substitute “
section 1(1) or (1A)
”
.
4
In section 3(1)
(civil remedy) for “section 1” substitute “
section 1(1)
”
.
5
After section 3 insert—
3AInjunctions to protect persons from harassment within section 1(1A)
1
This section applies where there is an actual or apprehended breach of section 1(1A) by any person (“the relevant person”).
2
In such a case—
a
any person who is or may be a victim of the course of conduct in question, or
b
any person who is or may be a person falling within section 1(1A)(c),
may apply to the High Court or a county court for an injunction restraining the relevant person from pursuing any conduct which amounts to harassment in relation to any person or persons mentioned or described in the injunction.
3
Section 3(3) to (9) apply in relation to an injunction granted under subsection (2) above as they apply in relation to an injunction granted as mentioned in section 3(3)(a).
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7
In section 7 (interpretation of sections 1 to 5)—
a
for subsection (3) substitute—
3
A “course of conduct” must involve—
a
in the case of conduct in relation to a single person (see section 1(1)), conduct on at least two occasions in relation to that person, or
b
in the case of conduct in relation to two or more persons (see section 1(1A)), conduct on at least one occasion in relation to each of those persons.
b
after subsection (4) add—
5
References to a person, in the context of the harassment of a person, are references to a person who is an individual.