- Latest available (Revised)
- Point in Time (09/03/2015)
- Original (As enacted)
Version Superseded: 01/12/2020
Point in time view as at 09/03/2015.
Serious Organised Crime and Police Act 2005, Cross Heading: Harassment is up to date with all changes known to be in force on or before 14 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(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—
(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).”
(6)In section 5(2) (restraining orders) after “victim” insert “ or victims ”.
(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.”; and
(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.”
Commencement Information
I1S. 125 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(m)
(1)After section 42 of the Criminal Justice and Police Act 2001 (c. 16) insert—
(1)A person commits an offence if—
(a)that person is present outside or in the vicinity of any premises that are used by any individual (“the resident”) as his dwelling;
(b)that person is present there for the purpose (by his presence or otherwise) of representing to the resident or another individual (whether or not one who uses the premises as his dwelling), or of persuading the resident or such another individual—
(i)that he should not do something that he is entitled or required to do; or
(ii)that he should do something that he is not under any obligation to do;
(c)that person—
(i)intends his presence to amount to the harassment of, or to cause alarm or distress to, the resident; or
(ii)knows or ought to know that his presence is likely to result in the harassment of, or to cause alarm or distress to, the resident; and
(d)the presence of that person—
(i)amounts to the harassment of, or causes alarm or distress to, any person falling within subsection (2); or
(ii)is likely to result in the harassment of, or to cause alarm or distress to, any such person.
(2)A person falls within this subsection if he is—
(a)the resident,
(b)a person in the resident's dwelling, or
(c)a person in another dwelling in the vicinity of the resident's dwelling.
(3)The references in subsection (1)(c) and (d) to a person's presence are references to his presence either alone or together with that of any other persons who are also present.
(4)For the purposes of this section a person (A) ought to know that his presence is likely to result in the harassment of, or to cause alarm or distress to, a resident if a reasonable person in possession of the same information would think that A's presence was likely to have that effect.
(5)A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 4 on the standard scale, or to both.
(6)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), the reference in subsection (5) to 51 weeks is to be read as a reference to 6 months.
(7)In this section “dwelling” has the same meaning as in Part 1 of the Public Order Act 1986.”
F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 126(2) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8)(8), Sch. 17 Pt. 2; S.I. 2005/3495, art. 2(1)(t)(u)(lxi)
F2S. 126(3) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8)(8), Sch. 17 Pt. 2; S.I. 2005/3495, art. 2(1)(t)(u)(lxi)
Commencement Information
I2S. 126 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(m)
(1)Section 42 of the Criminal Justice and Police Act 2001 (c. 16) (police directions stopping harassment of a person in his home) is amended as follows.
(2)For subsection (4) substitute—
“(4)The requirements that may be imposed by a direction under this section include—
(a)a requirement to leave the vicinity of the premises in question, and
(b)a requirement to leave that vicinity and not to return to it within such period as the constable may specify, not being longer than 3 months;
and (in either case) the requirement to leave the vicinity may be to do so immediately or after a specified period of time.”
(3)In subsection (7), for “contravenes a direction given to him under this section” substitute “ fails to comply with a requirement in a direction given to him under this section (other than a requirement under subsection (4)(b)) ”.
(4)After subsection (7) insert—
“(7A)Any person to whom a constable has given a direction including a requirement under subsection (4)(b) commits an offence if he—
(a)returns to the vicinity of the premises in question within the period specified in the direction beginning with the date on which the direction is given; and
(b)does so for the purpose described in subsection (1)(b).
(7B)A person guilty of an offence under subsection (7A) shall be liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 4 on the standard scale, or to both.
(7C)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), the reference in subsection (7B) to 51 weeks is to be read as a reference to 6 months.”
Commencement Information
I3S. 127 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(m)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: