Q&As

In relation to the civil tort of harassment under section 3 of the Protection from Harassment Act 1997 (PHA 1997) is the test for a ‘course of conduct’ the same as it is for criminal proceedings under PHA 1997, s 1?

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Produced in partnership with Tori Adams of 4 King’s Bench Walk
Published on LexisPSL on 01/11/2019

The following Family Q&A Produced in partnership with Tori Adams of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • In relation to the civil tort of harassment under section 3 of the Protection from Harassment Act 1997 (PHA 1997) is the test for a ‘course of conduct’ the same as it is for criminal proceedings under PHA 1997, s 1?

The civil tort of harassment is set out under section 1 of the Protection from Harassment Act 1997 (PHA 1997) which states:

‘(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.’

Under PHA 1997, s 7(3) a course of conduct is defi

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