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harassment

harassment   Quick reference

A Dictionary of Law (7 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
103 words

... n. 1 Under amendments made in 1994 to the Public Order Act 1986 , an offence is committed when harassment, alarm, or distress is caused to the victim. Under the Protection from Harassment Act 1997 , harassment constitutes a criminal offence and victims of harassment may obtain restraining orders and damages where appropriate. See harassment of debtors ; harassment of occupier ; nuisance neighbours ; stalking ; threatening behaviour . 2 A form of prohibited * discrimination on grounds of sex, race, sexual orientation, belief, or disability...

harassment of debtors

harassment of debtors   Quick reference

A Dictionary of Law (7 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
125 words

... of debtors Behaviour designed to force a debtor or one believed to be a debtor to pay his debt. This is a criminal offence, punishable by fine, if the debt is based on a contract and the nature or frequency of the acts subject the debtor (or members of his household) to alarm, distress, or humiliation. Harassment also includes false statements that the debtor will face criminal proceedings or that the creditor is officially authorized to enforce payment and using a document that the creditor falsely represents as being official. The offence may overlap...

harassment of occupier

harassment of occupier   Quick reference

A Dictionary of Law (7 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
176 words

...tenancy. The Act does not apply, however, to a displaced residential owner, as opposed to a landlord ( see also forcible entry ). The Criminal Justice and Police Act 2001 (s 42A) states that it is an offence to harass a person in his home. The Protection from Harassment Act 1997 prohibits harassment; the offence is punishable with a jail sentence of up to five years. See also nuisance neighbours...

obscene telephone calls

obscene telephone calls   Quick reference

A Dictionary of Law (7 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
40 words

...telephone calls It is a * summary offence to make an obscene, offensive, or annoying telephone call. The maximum punishment is six months' imprisonment and/or a * fine on level 5 (Communications Act 2003 s 127; Protection from Harassment Act 1997...

racist abuse

racist abuse   Quick reference

A Dictionary of Law (7 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
74 words

...abuse * Harassment of someone as a consequence of the harasser's biased views of that person's racial origins. The Protection from Harassment Act 1997 provides that offenders who make others fear for their safety can be jailed. Section 32 of the Crime and Disorder Act 1998 creates a racially or religiously aggravated form of this offence and offenders may receive for indictable offences jail sentences of up to two years, a fine, or...

eviction

eviction   Quick reference

A Dictionary of Law (7 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
164 words

...other occupier from occupation. Under the Protection from Eviction Act 1977 the eviction of a * residential occupier , other than by proceedings in the court, is a criminal offence. It is also an offence to harass a residential occupier to try to persuade him to leave ( see harassment of occupier ). If a mortgagee can take possession peaceably, no court order is required ( Ropaigealach v Barclay's Bank plc [ 2000 ] QB 263). Many tenants have statutory protection and the landlord must prove to a court that he has appropriate grounds for possession. Under the...

nuisance neighbours

nuisance neighbours   Quick reference

A Dictionary of Law (7 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
127 words

...The Protection from Harassment Act 1997 and the Criminal Justice and Police Act 2001 (s 42A) provide enhanced protection for those suffering * nuisance (including noise) from their neighbours. Restraining orders can be obtained, which require the offender to do what the court orders (e.g. not to communicate, go near, or harass their neighbours); in some circumstances * eviction may be ordered. Offenders threatening violence can be jailed for up to five years and/or be subjected to an unlimited fine; even if the harassment does not give rise to fear...

residential occupier

residential occupier   Quick reference

A Dictionary of Law (7 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
71 words

...or because other people are restricted by law from removing him. It is an offence to force a residential occupier to leave the property without complying with the proper procedure (Protection from Eviction Act 1977 ). See adverse occupation ; eviction ; forcible entry ; harassment of occupier...

sending distressing letters

sending distressing letters   Quick reference

A Dictionary of Law (7 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
88 words

...by the sender to be false. Sending an indecent or grossly offensive article is similarly punishable. The sender must have aimed to cause distress or anxiety. If the material contains a threat, there is a defence similar to that available on a * blackmail charge. See also harassment...

molestation

molestation   Quick reference

A Dictionary of Law (7 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
115 words

...n. Behaviour that has the effect or intention of annoying or pestering one's spouse (or cohabitant) or children. Such an act need not involve violence or physical assault; harassment (for example by threatening letters or telephone calls) may constitute molestation. Under the Family Law Act 1996 , spouses (and in some cases unmarried cohabitants) can apply for a court injunction to prevent molestation ( see non-molestation order ). In addition magistrates' courts have similar powers under the 1978 Domestic Proceedings and Magistrates' Courts Act,...

ASBO

ASBO   Quick reference

A Dictionary of Law (7 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
104 words

...a court order that prohibits the defendant from doing anything described in the order. Under the Crime and Disorder Act 1998 , an ASBO may be imposed on an individual providing that the person has acted in an anti-social manner, that is to say, in a manner likely to cause harassment, alarm, or distress to one or more persons not of the same household as himself, and that such an order is necessary to protect relevant persons from further anti-social acts by him. ASBOs may be imposed either as an alternative to criminal prosecution or following a conviction...

age discrimination

age discrimination   Quick reference

A Dictionary of Law (7 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
157 words

...Act 2010 . The regulations cover recruitment, terms and conditions, promotions, transfers, dismissals, and training. From April 2012 they also cover provision of goods and services. The regulations apply to direct and * indirect discrimination , * victimization , and * harassment . However, they differ from the other strands of anti-discrimination legislation in that direct discrimination may be defended by the employer if it is objectively justified. Upper age limits on unfair dismissal and redundancy were removed by the regulations and the national...

race discrimination

race discrimination   Quick reference

A Dictionary of Law (7 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
159 words

...Dowell Lee [ 1983 ] 2 AC 548 (HL). The principal piece of legislation was formerly the Race Relations Act 1976 although its provisions have now been incorporated into a single * Equality Act . The 1976 Act prohibited direct discrimination, * indirect discrimination , * harassment , and * victimization . The Race Relations (Amendment) Act 2000 extended the coverage of the 1976 Act by prohibiting racial discrimination in the functions of the police and other public authorities not previously covered by that Act. It also placed a general duty on...

threatening behaviour

threatening behaviour   Quick reference

A Dictionary of Law (7 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
333 words

...All these offences were introduced by the Public Order Act 1986 to replace similar offences; they may be committed in private as well as public places unless the behaviour or display took place inside a dwelling. A further offence of intentionally causing harassment (primarily aimed at racial harassment) was introduced by the Criminal Justice and Public Order Act 1994 ; it is punishable by a fine and/or six months' imprisonment. See also racial hatred ; racist abuse ; stalking ; violent disorder...

domestic violence

domestic violence   Quick reference

A Dictionary of Law (7 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
272 words

...order. Under the Domestic Violence, Crime and Victims Act 2004 breach of a non-molestation order will automatically be a criminal offence. In cases of emergency an order without notice may be granted. In theory, a criminal prosecution for * assault or for harassment under the Protection from Harassment Act 1997 could be brought but in practice this is seldom used by victims of domestic violence. Under the Housing Act 1985 , local authorities have a duty to supply emergency accommodation to those made homeless when they have left their homes because of...

child safety order

child safety order   Quick reference

A Dictionary of Law (7 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
203 words

...the Crime and Disorder Act 1998 . An application for an order is made by a local authority on the grounds that the child has committed, or is in danger of committing, acts that could constitute an offence were he over 10 years old or that have caused, or are likely to cause, harassment, alarm, or distress. The requirements imposed under the order are a matter for the court and might include, for example, attendance at school, avoiding contact with disruptive and older children, and not visiting such areas as shopping centres unsupervised. The purpose of the...

forced marriage

forced marriage   Quick reference

A Dictionary of Law (7 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
205 words

...444; P v R (Forced Marriage: Annulment: Procedure) [ 2003 ] 1 FLR 661). Until recently the only civil remedy for a victim would be to apply for a * non-molestation order or an * occupation order under the Family Law Act 1996 or an injunction under the Protection from Harassment Act 1997 . Victims of forced marriages may now be protected by a marriage protection order made under the Forced Marriage (Civil Protection) Act 2007 . An application for such an order can be made by the victim or a third party, such as a relative or teacher, and it can be...

stalking

stalking   Quick reference

A Dictionary of Law (7 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
180 words

...Persistent threatening behaviour by one person against another. The Protection from Harassment Act 1997 creates two offences relating to stalking. If the harasser's behaviour makes the victim fear for his or her safety, the maximum penalty is two years' imprisonment and/or an unlimited fine. When the behaviour does not lead to a fear of violence but does cause distress, the maximum penalty is six months in prison and/or a fine not exceeding the statutory maximum. The behaviour must have taken place on more than one occasion and the prosecution must...

discrimination

discrimination   Quick reference

A Dictionary of Law (7 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
186 words

...n. Treating a person less favourably than others on grounds unrelated to merit, usually because he or she belongs to a particular group or category. As well as direct discrimination, this may involve * indirect discrimination , * victimization , or * harassment . It is unlawful to discriminate on racial grounds, on grounds of sex (including gender reassignment), sexual orientation, religion or belief, disability or age. Each strand of discrimination has had its own legislation so that the law is contained in a wide range of legislation including...

nuisance

nuisance   Quick reference

A Dictionary of Law (7 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
371 words

...that suffered by the public at large. Statutory nuisances are created by provisions dealing with noise, public health, and the prevention of pollution and permit a local authority to control neighbourhood nuisances by the issue of an * abatement notice. The Protection from Harassment Act 1997 and also the Criminal Justice and Police Act 2001 (s 42A) enable individuals to be prevented from harassing their neighbours ( see nuisance neighbours...

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