Harassment amounting to domestic abuse

1Harassment amounting to domestic abuse

1

In section 8 (harassment) of the Protection from Harassment Act 1997 (c.40), after subsection (1) insert––

1A

Subsection (1) is subject to section 8A.

2

After that section insert––

8AHarassment amounting to domestic abuse

1

Every individual has a right to be free from harassment and, accordingly, a person must not engage in conduct which amounts to harassment of another and—

a

is intended to amount to harassment of that person; or

b

occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person.

2

Subsection (1) only applies where the conduct referred to amounts to domestic abuse.

3

Subsections (2) to (7) of section 8 apply in relation to subsection (1) as they apply in relation to subsection (1) of that section but with the following modifications––

a

in subsections (2) and (4), the words “course of” are omitted;

b

for subsection (3) there is substituted—

3

For the purposes of this section—

  • “conduct”––

    1. a

      may involve behaviour on one or more than one occasion; and

    2. b

      includes—

      1. i

        speech; and

      2. ii

        presence in any place or area; and

  • “harassment” of a person includes causing the person alarm or distress.

c

in subsection (4)(b), for “pursued” substitute “ engaged in ”.

3

In section 9(1) (breach of non-harassment order) of that Act, after “section 8” insert “ or section 8A ”.

4

In section 18B(1) (actions of harassment) of the Prescription and Limitation (Scotland) Act 1973 (c.52), after “section 8” insert “ or section 8A ”.

5

In section 2(1)(b)(ii) (transmission of deceased's rights to executor) of the Damages (Scotland) Act 2011 (asp 7), after “section 8” insert “ or section 8A ”.