As the name suggests, the Protection from Harassment Act 1997 aims to provide people with protection from behaviour that is considered to be harassment.

In particular the Act forbids:

1) a person from pursuing a course of conduct that:

• amounts to harassment of another person, and which(s)he knows or ought to know amounts to harassment of the other person

2) a person from pursuing a course of conduct that:

• involves harassment of two or more people, and that  (s)he knows or ought to know involves harassment of those people, and
• by which (s)he intends to persuade any person not to do something that (s)he is entitled to do or required to do, or to do something that (s)he is not under any obligation to do.

The act also has provisions that deal with stalking and pursuing a course of conduct or stalking that puts a person in fear of violence

What is harassment?

The term harassment is defined widely but includes conduct intended to cause alarm, distress or harm. As the Act requires a ‘course of conduct’ the conduct must have occurred on at least two occasions or, if it is a case involving harassment of two or more people, the conduct must have happened on at least one occasion against each of them.

What protection or remedies are available?

Civil remedies

An actual or apprehended breach of the Act may be the subject of a monetary claim in civil proceedings. Damages may be awarded for (amongst other things) any anxiety caused by the harassment and any financial loss resulting from the harassment.

Criminal remedies

The Act allows an application to be made to the High Court or County Court for an injunction restraining the respondent from pursuing any conduct that amounts to harassment. Breach of such an injunction is considered a criminal offence punishable by up to five5 years in prison and/or a fine. Alternatively, it can be dealt with as a contempt of court punishable by up to two years in prison and/or a fine.

Unlike a non-molestation order, an applicant for an injunctive order under this Act does not have to be associated with the respondent.

A person who pursues a course of conduct amounting to harassment commits a criminal offence. If found guilty, they can be sentenced to up to six months in prison and/or fined.

Speak to a specialist family solicitor 

At Birkett Long LLP our specialist solicitors are able to advise and represent clients in relation to the civil remedies and protections afforded by the Protection from Harassment Act.