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Religious  Harassment  Legislation

 

Clause  5  The Employment Equality (Religion or Belief) Regulations 2003 

 

Harassment on grounds of religion or belief

5.  - (1) For the purposes of these Regulations, a person ("A") subjects another person ("B") to harassment where, on grounds of religion or belief, A engages in unwanted conduct which has the purpose or effect of -

(a) violating B's dignity; or

(b) creating an intimidating, hostile, degrading, humiliating or offensive environment for B.

 

(2) Conduct shall be regarded as having the effect specified in paragraph (1)(a) or (b) only if, having regard to all the circumstances, including in particular the perception of B, it should reasonably be considered as having that effect.

 

Protection from Harassment Act 1997

( Incorporating s7(3A) added to the Act by s44 Criminal Justice and Police Act 2001,  ss1(1A), 3A and 7(5) added by s125 Serious and Organised Crime Act 2005.  also s5A and amendments to s5 made by s12 Domestic Violence, Crime and Victims Act 2004. )

 

An Act to make provision for protecting persons from harassment and similar conduct.

 

s1  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) or (1A) 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.

 

s2  Offence of harassment

(1) A person who pursues a course of conduct in breach of section 1(1) or (1A) is guilty of an offence.

(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

(3) (arest powers now irrelevant).

 

s3 Civil remedy

(1) An actual or apprehended breach of section 1(1) may be the subject of a claim in civil proceedings by the person who is or may be the victim of the course of conduct in question.

 

(2) On such a claim, damages may be awarded for (among other things) any anxiety caused by the harassment and any financial loss resulting from the harassment.

 

(3) Where-

(a) in such proceedings the High Court or a county court grants an injunction for the purpose of restraining the defendant from pursuing any conduct which amounts to harassment, and

(b) the plaintiff considers that the defendant has done anything which he is prohibited from doing by the injunction,

the plaintiff may apply for the issue of a warrant for the arrest of the defendant.

 

(4) An application under subsection (3) may be made-

(a) where the injunction was granted by the High Court, to a judge of that court, and

(b) where the injunction was granted by a county court, to a judge or district judge of that or any other county court.

 

(5) The judge or district judge to whom an application under subsection (3) is made may only issue a warrant if-

(a) the application is substantiated on oath, and

(b) the judge or district judge has reasonable grounds for believing that the defendant has done anything which he is prohibited from doing by the injunction.

 

(6) Where-

(a) the High Court or a county court grants an injunction for the purpose mentioned in subsection (3)(a), and

(b) without reasonable excuse the defendant does anything which he is prohibited from doing by the injunction,

he is guilty of an offence.

 

(7) Where a person is convicted of an offence under subsection (6) in respect of any conduct, that conduct is not punishable as a contempt of court.

 

(8) A person cannot be convicted of an offence under subsection (6) in respect of any conduct which has been punished as a contempt of court.

 

(9) A person guilty of an offence under subsection (6) is liable-

(a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both, or

(b) on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both

 

s3A     Injunctions 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)

 

s4  Putting people in fear of violence

(1) A person whose course of conduct causes another to fear, on at least two occasions, that violence will be used against him is guilty of an offence if he knows or ought to know that his course of conduct will cause the other so to fear on each of those occasions.

 

(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it will cause another to fear that violence will be used against him on any occasion if a reasonable person in possession of the same information would think the course of conduct would cause the other so to fear on that occasion.

 

(3) It is a defence for a person charged with an offence under this section to show that-

(a) his course of conduct was pursued for the purpose of preventing or detecting crime,

(b) his course of conduct 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) the pursuit of his course of conduct was reasonable for the protection of himself or another or for the protection of his or another's property.

 

(4) A person guilty of an offence under this section is liable-

(a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both, or

(b) on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both

 

(5) If on the trial on indictment of a person charged with an offence under this section the jury find him not guilty of the offence charged, they may find him guilty of an offence under section 2.

 

(6) The Crown Court has the same powers and duties in relation to a person who is by virtue of subsection (5) convicted before it of an offence under section 2 as a magistrates' court would have on convicting him of the offence.

 

s5.  Restraining  Orders on Conviction

(1) A court sentencing or otherwise dealing with a person ("the defendant") convicted of an offence may (as well as sentencing him or dealing with him in any other way) make an order under this section.

 

(2) The order may, for the purpose of protecting the victim of the offence, or any other person mentioned in the order, from conduct which-

(a) amounts to harassment, or

(b) will cause a fear of violence,

prohibit the defendant from doing anything described  in the order.

 

(3) The order may have effect for a specified period or until further order.

 

(3A) In proceedings under this section both the prosecution and the defence may lead, as further evidence, any evidence that would be admissible in proceedings for an injunction under section 3

 

(4) The prosecutor, the defendant or any other person mentioned in the order may apply to the court which made the order for

it to be varied or discharged by a further order.

 

(4A) Any person mentioned in the order is entitled to be heard on the hearing of an application under subsection (4)

 

(5) If without reasonable excuse the defendant does anything which he is prohibited from doing by an order under this section, he is guilty of an offence.

 

(6) A person guilty of an offence under this section is liable-

(a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both, or

(b) on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both

 

(7) A court dealing with a person for an offence under this section may vary or discharge the order in question by a further order.

 

s5A   Restraining orders on acquittal

(1) A court before which a person ("the defendant") is acquitted of an offence may, if it considers it necessary to do so to protect a person from harassment by the defendant, make an order prohibiting the defendant from doing anything described in the order.

 

(2) Subsections (3) to (7) of section 5 apply to an order under this section as they apply to an order under that one.

 

(3) Where the Court of Appeal allow an appeal against conviction they may remit the case to the Crown Court to consider whether to proceed under this section.

 

(4) Where-

(a) the Crown Court allows an appeal against conviction, or

(b) a case is remitted to the Crown Court under subsection (3),

the reference in subsection (1) to a court before which a person is acquitted of an offence is to be read as referring to that court.

 

(5) A person made subject to an order under this section has the same right of appeal against the order as if-

(a) he had been convicted of the offence in question before the court which made the order, and

(b) the order had been made under section 5

 

s6  Limitation

In section 11 of the Limitation Act 1980 (special time limit for actions in respect of personal injuries), after subsection (1) there is inserted-

"(1A) This section does not apply to any action brought for damages under section 3 of the Protection from Harassment Act 1997."

 

s7  Interpretation of this group of sections

(1) This section applies for the interpretation of sections 1 to 5.

 

(2) References to harassing a person include alarming the person or causing the person distress.

 

(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.

 

(3A) A persons conduct on any occasion shall be taken, if aided, abetted, counselled or procured by another

(a) to be conduct on that occasion of the other (as well as conduct of the person whose conduct it is) ; and

(b) to be conduct in relation to which the other,s knowledge and purpose, and what he ought to have known, are the same as they were in relation to what was contemplated or reasonably foreseeable at the time of the aiding, abetting, counselling or procuring

 

(4) "Conduct" includes speech

 

(5) References to a person, in the context of the harassment of a person, are references to a person who is an individual

 

s12  National security, etc

(1) If the Secretary of State certifies that in his opinion anything done by a specified person on a specified occasion related to-

(a) national security,

(b) the economic well-being of the United Kingdom, or

(c) the prevention or detection of serious crime,

and was done on behalf of the Crown, the certificate is conclusive evidence that this Act does not apply to any conduct of that person on that occasion.

 

(2) In subsection (1), "specified" means specified in the certificate in question.

 

(3) A document purporting to be a certificate under subsection (1) is to be received in evidence and, unless the contrary is proved, be treated as being such a certificate

 

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