DAVID RONALD SEAL (2)

The Act defines harassment in section 1(1) as a "course of conduct" amounting to harassment and provides by section 7(3) that a course of conduct must involve conduct on at least two occasions. (Originally these occasions needed to involve the same person, but in 2005 the act was amended by the Serious Organised Crime and Police Act so that "pursuing a course of conduct" could mean approaching two people just once.[1]) If these requirements are satisfied, the claimant may pursue a civil remedy for damages for anxiety: section 3(2). The use of civil law, means that the standards of evidence are substantially lower than for criminal law, for example permitting hearsay.[1] The requirement of a course of conduct shows that Parliament was conscious that it might not be in the public interest to allow the law to be set in motion for one boorish incident.

Under this act the definition of harassment is behavior which causes alarm or distress. The Act provides for a jail sentence of up to six months or a fine. There are also a variety of civil remedies that can be used including awarding of damages, and restraining orders backed by the power of arrest

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Uploaded on July 14, 2010