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Protection from Harassment Act 1997

This piece of legislation was brought into creation on the 21st March, 1997 and is the major and main piece of legislation that deals with harassment and harassment issues.

Within the Protection from Harassment Act 1997 (PFHA) two criminal offences are highlighted - these are contained within sections 2 and 4.

The PFHA '97 also gives courts that hold civil powers the capability to instigate injunctions and award damages in all types of harassment cases. Within the Act, this is described in Section 3.

The PFHA 1997 is a 'dynamic act' in the sense where it can effectively cover harassment in any form whatsoever. The act sets out sections to deal with the prohibition and offence of harassment, restraining orders, the act's limitations and civil remedies, and so on.

The Act basically says that a harasser needs to display 'the harassment' on at least two occasions for it to become 'actionable'.

Other Applicable Law

Criminal Justice & Public Order Act 1994

This act is a complex and detailed one. It covers such areas as trespassers on land, 'Raves', disruptive trespassers, squatters, and within section 154 'Intentional Harassment, Alarm or Distress'.

Criminal law of Assault

It is an offence to actually assault an individual or threaten to assault them (e.g. if the courts interpreted this as the threat would actually be carried through).

Assault consists of an act which is hostile that causes an individual to fear attack. The term 'battery' concerns the use of actual force where a physical assault has taken place (e.g. 'Assault and Battery').

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