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.