Harassment Act 1997 s1(1)
A person must not pursue a course of conduct which amounts to harassment of another, AND which he knows or ought to know amounts to harassment of the other.
Points to Prove:
Pursued a course of conduct
On at least 2 occasions
Amounting to harassment
Which you knew/ought to have known amounted to harassment
Sentence:
Summary
6 months
Harassment Act 1997 s1(1a)
A person must not pursue a course of conduct which involves harassment of two or more persons, AND which he knows or ought to know amounts to harassment of those persons, AND by which he intends to persuade any person (whether or not one of those mentioned above) not to do something that he is entitled or required to do, OR to do something that he is not under any obligation to do.
Points to Prove:
Pursued a course of conduct
On at least 2 occasions
Amounting to harassment
Which you knew/ought to have known amounted to harassment
Sentence:
Summary
6 months
Harassment Act 1997 s4(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.
Points to Prove:
Caused fear of violence
By a course of conduct on at least two occasions
Which you knew/ought to have known
Would cause fear of violence on each occasion
Sentence:
Either Way
5 years
Malicious Communications Act 1988 s1(1)
Any person who sends to another person
A letter, electronic communication or article of any description which conveys-
A message which is indecent or grossly offensive;
A threat, OR
Information which is false and known or believed to be false by the sender, OR
Any article or electronic communication which is, in whole or part, of an indecent or grossly offensive nature,
Is guilty of an offence if his purpose, or one of his purposes, in sending it is that it should, so far as falling within paragraph (a) or (b) above, cause distress or anxiety to the recipient or to any other person to whom he intends that its’ contents or nature should be communicated.
Points to Prove:
S1(1)(a) offence
Sent a letter/an electronic communication/an article
Which conveyed an indecent/growly offensive message/a threat/false information which you knew/believed to be false
For the purpose of causing distress/anxiety
To the recipient/any other person
To whom its contents/nature were intended to be communicated
S1(1)(b) offence
Sent to another person
An article/an electronic communication
Wholly/partly of an indecent/growly offensive nature
For the purpose of causing distress/anxiety
To the recipient/any other person
To whom its contents/nature were intended to be communicated
Sentence:
Summary
6 months
Communications Act 2003 s127(1) & (2)
(1) A person is guilty of an offence if he-
Sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; OR Causes any such message or matter to be so sent.
(2) A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another,
he sends by means of a public electronic communications network, a message that he knows to be false,
Causes such a message to be sent, OR
Persistently makes use of a public electronic communications network.
Points to Prove:
S127(1) offence
Sent
Be means of a public electronic communications network
A message/other matter
That was grossly offensive/of an
indecent/obscene/menacing character
OR
Caused such a message/matter to be sent
S127(2) offence
To cause annoyance/inconvenience/needless anxiety to another
Sent
By means of a public electronic communications network
A message he knew to be false
OR
Cause such a message to be sent
OR
Persistently made use
Of a public electronic communications network
Sentence:
Summary
6 months