Harassment Act 1997

  • This version was replaced on 29 June 2017 to make corrections to section 42(2)(h) and (3) under section 25(1)(j)(iii) of the Legislation Act 2012.
4 Meaning of specified act

(1)

For the purposes of this Act, a specified act, in relation to a person, means any of the following acts:

(a)

watching, loitering near, or preventing or hindering access to or from, that person’s place of residence, business, employment, or any other place that the person frequents for any purpose:

(b)

following, stopping, or accosting that person:

(c)

entering, or interfering with, property in that person’s possession:

(d)

making contact with that person (whether by telephone, correspondence, electronic communication, or in any other way):

(e)

giving offensive material to that person or leaving it where it will be found by, given to, or brought to the attention of that person:

(ea)

giving offensive material to a person by placing the material in any electronic media where it is likely that it will be seen by, or brought to the attention of, that person:

(f)

acting in any other way—

(i)

that causes that person (person A) to fear for his or her safety; and

(ii)

that would cause a reasonable person in person A’s particular circumstances to fear for his or her safety.

(2)

To avoid any doubt, subsection (1)(f) includes the situation where—

(a)

a person acts in a particular way; and

(b)

the act is done in relation to a person (person B) in circumstances in which the act is to be regarded, in accordance with section 5(b), as done to another person (person A); and

(c)

acting in that way—

(i)

causes person A to fear for his or her safety; and

(ii)

would cause a reasonable person in person A’s particular circumstances to fear for his or her safety,—

whether or not acting in that way causes or is likely to cause person B to fear for person B’s safety.

(3)

Subsection (2) does not limit the generality of subsection (1)(f).

Section 4(1)(d): amended, on 3 July 2015, by section 33(1) of the Harmful Digital Communications Act 2015 (2015 No 63).

Section 4(1)(ea): inserted, on 3 July 2015, by section 33(2) of the Harmful Digital Communications Act 2015 (2015 No 63).