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Northern Ireland Orders in Council |
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You are here: BAILII >> Databases >> Northern Ireland Orders in Council >> The Protection from Harassment (Northern Ireland) Order 1997 (N.I. 9) URL: http://www.bailii.org/nie/legis/num_orders/1997/1997118001.html |
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| Made | 8th April 1997 | ||
| Laid before Parliament | 14th May 1997 | ||
| Coming into operation on days to be appointed under Article 1(2) |
| 1. | Title and commencement. |
| 2. | Interpretation. |
| 3. | Prohibition of harassment. |
| 4. | Offence of harassment. |
| 5. | Civil remedy. |
| 6. | Putting people in fear of violence. |
| 7. | Restraining orders. |
| 8. | Limitation. |
| 9. | National security, etc. |
(2) For the purposes of this Article, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.
(3) Paragraph (1) does not apply to a course of conduct if the person who pursued it shows -
Offence of harassment
4.
- (1) A person who pursues a course of conduct in breach of Article 3 shall be guilty of an offence.
(2) A person guilty of an offence under this Article shall be liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.
(3) In Article 26(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (arrestable offences), after sub-paragraph (f) there shall be inserted -
Civil remedy
5.
- (1) An actual or apprehended breach of Article 3 may be the subject of a claim in civil proceedings by the person who is or may be the victim of the course of conduct in question.
(2) On such a claim, damages may be awarded for (among other things) any anxiety caused by the harassment and any financial loss resulting from the harassment.
(3) Where -
the plaintiff may apply for the issue of a warrant for the arrest of the defendant.
(4) An application under paragraph (3) may be made -
(5) The judge to whom an application under paragraph (3) is made may only issue a warrant if -
(6) Where -
he shall be guilty of an offence.
(7) Where a person is convicted of an offence under paragraph (6) in respect of any conduct, that conduct is not punishable as a contempt of court.
(8) A person cannot be convicted of an offence under paragraph (6) in respect of any conduct which has been punished as a contempt of court.
(9) A person guilty of an offence under paragraph (6) shall be liable -
Putting people in fear of violence
6.
- (1) A person whose course of conduct causes another to fear, on, at least two occasions, that violence will be used against him shall be 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.
(2) For the purposes of this Article, the person whose course of conduct is in question ought to know that it will cause another to fear that violence will be used against him on any occasion if a reasonable person in possession of the same information would think the course of conduct would cause the other so to fear on that occasion.
(3) It is a defence for a person charged with an offence under this Article to show that -
(4) A person guilty of an offence under this Article shall be liable -
(5) If on the trial on indictment of a person charged with an offence under this Article the jury find him not guilty of the offence charged, they may find him guilty of an offence under Article 4.
(6) The Crown Court has the same powers and duties in relation to a person who is by virtue of paragraph (5) convicted before it of an offence under Article 4 as a magistrates' court would have on convicting him of the offence.
Restraining orders
7.
- (1) A court sentencing or otherwise dealing with a person ("the defendant") convicted of an offence under Article 4 or 6 may (as well as sentencing him or dealing with him in any other way) make an order under this Article.
(2) The order may, for the purpose of protecting the victim of the offence, or any other person mentioned in the order, from further conduct which -
prohibit the defendant from doing anything described in the order.
(3) The order may have effect for a specified period or until further order.
(4) The prosecutor, the defendant or any other person mentioned in the order may apply to the court which made the order for it to be varied or discharged by a further order.
(5) If without reasonable excuse the defendant does anything which he is prohibited from doing by an order under this Article, he shall be guilty of an offence.
(6) A person guilty of an offence under this Article shall be liable -
Limitation
8.
In Article 7 of the Limitation (Northern Ireland) Order 1989 (time limit for actions in respect of personal injuries), after paragraph (1) there shall be inserted -
National security, etc.
9.
- (1) If the Secretary of State certifies that in his opinion anything done by a specified person on a specified occasion related to -
and was done on behalf of the Crown, the certificate shall be conclusive evidence that this Order does not apply to any conduct of that person on that occasion.
(2) In paragraph (1), "specified" means specified in the certificate in question.
(3) A document purporting to be a certificate under paragraph (1) shall be received in evidence and, unless the contrary is proved, be treated as being such a certificate.
N. H. Nicholls
Clerk of the Privy Council
| © Crown copyright 1997 | Prepared
18 June 1997
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