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Putting people in fear of violence

s.4Protection from Harassment Act 1997

Pursuing a course of conduct that causes another person to fear, on at least two occasions, that violence will be used against them, when you know or ought to know it will.

Putting people in fear of violence · Protection from Harassment Act 1997, s.4Card 101 / 85

Points to prove

Pursued a course of conduct
Which caused another person to fear, on at least two occasions, that violence would be used against them
They knew or ought to have known that the course of conduct would cause the other person so to fear on each of those occasions

Key definitions

Course of conduct – s.7(3): conduct on at least two occasions in relation to that person. Conduct includes speech (s.7(4)).
Ought to know – s.4(2): 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.
Fear that violence will be used against him – the victim must fear that violence will be used against them. Fear for someone else is not covered by the wording, and being seriously frightened of what might happen is not the same as fearing violence (R v Henley 2000).

Defences

s.4(3) – the defendant must show that the course of conduct was pursued to prevent or detect crime, under any enactment or rule of law, or that it was reasonable for the protection of themselves or another, or of their own or another’s property.

Good to know

The maximum on indictment was raised from 5 to 10 years by the Policing and Crime Act 2017.
If the jury acquits of this offence, they can convict of harassment (s.2) or stalking (s.2A) instead (s.4(5)).
Stalking involving fear of violence or serious alarm or distress is a separate offence under s.4A (also 10 years).
Racially or religiously aggravated versions are under s.32 of the Crime and Disorder Act 1998 (maximum 14 years).

Legislation: Protection from Harassment Act 1997, s.4 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 10 years' imprisonment (on indictment); 12 months' imprisonment and/or a fine (summary)