no threats of violence
its not but section 4a is either way , in my option a case of harassment with no violence but texts and emails
yes it is 4a harassment act
yes there is it was introduced to cover incidents of stalking, it was introduced 2012
The PHA was brought into force on 16 June 1997 and was amended by the Protection of Freedoms Act 2012 to include two new specific offences of stalking, through the insertion of sections 2A and 4A. A court dealing with a person convicted of any offence, including those under sections 2, 2A, 4 or 4A of the PHA,
they wanted to charge maliious communications but it was stayed barred
no they have charged me 4a harassment act
Section 4A of the 1997 Act prohibits a course of conduct relating to the offence of stalking involving fear of violence or serious alarm or distress.
The first arm of the offence prohibits a course of conduct that causes the victim to fear, on at least two occasions that violence will be used against them (which is similar to the existing section 4 offence).
For the purposes of section 4A, (b)(i) a person (A) ought to know that A’s course of conduct will cause another B to fear that violence will be used against the other person on any occasion if a reasonable person in possession of the same information would think the course of conduct would cause B so to fear on that occasion.
The second arm of the offence prohibits a course of conduct which causes ‘serious alarm or distress’ which has a ‘substantial adverse effect on the day-to-day activities of the victim’. It is designed to recognize the serious impact that stalking may have on victims, even where an explicit fear of violence is not created by each incident of stalking behaviour.
The phrase ‘substantial adverse effect on the usual day-to-day activities’ is not defined in section 4A, and thus its construction will be a matter for the courts via judicial interpretation. However, the Home Office considers that evidence of a substantial adverse effect when caused by the stalker may include: