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A person who makes indecent, grossly offensive, obscene or threatening calls to another, via the telephone system network, is guilty of an offence under section 127 of the Communications Act 2003.
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Conditions of the orders may include a ban from the area where the victims live or a specific ban on approaching or communicating with the victims.
Because these court orders are made in civil proceedings, hearsay evidence can be used to protect victims who are too scared to come to court.
Where action is taken in a county court in Scotland and Northern Ireland, an ASBO can be made against a party to the main proceedings or another adult whose conduct is material to the proceedings.
In England and Wales a Criminal Behaviour Order may be obtained where an offender has been convicted of an offence and has engaged, or is likely to engage, in conduct likely to cause harassment, distress or alarm to others and the order is likely to prevent this in the future.
This carries a £1,000 fine or a penalty notice of £80.
If the offence is committed with intent to cause harassment, alarm or distress, the offender can be given 6 months' imprisonment or a fine. S1 (1) of the Protection from Harassment Act 1997 and Article 3(1) of the Protection from Harassment (Northern Ireland) Order 1997 state: A person must not pursue a course of conduct: Harassment is defined as causing alarm or causing distress, and a course of conduct which can include speech must involve conduct on at least 2 occasions.
A restraining order may be made in addition to the conviction, or an injunction obtained.
The PHA is the main criminal legislation dealing with the offence of harassment.
The incidents do not have to involve the same type of behaviour on both occasions.
Criminal harassment is a 'summary only' offence dealt with by the magistrates' court and carries a maximum sentence of: Upon conviction, a magistrates' court can make a restraining order, breach of which carries a maximum sentence of 5 years' imprisonment.
However, no person be convicted of violating subdivision (a) based upon speech alone, except upon a showing that the speech itself threatened violence against a specific person or group of persons and that the defendant had the apparent ability to carry out the threat.Tags: Adult Dating, affair dating, sex dating