Hi
I have been using a photocopy of my Adult Court Bench Book. Section 2 of the 1997 Harassment Act! Works with some DCA's They stopped phoning me. I requested written comms only
Harassment
Conduct causing harassment;0]
Protection from Harassment Act 1997 s.2 Triable only summarily
Penalty: Level 5 and/or 6 months
Consider making a restraining order
CONSIDER THE SERIOUSNESS OF THE OFFENCE
(INCLUDING THE IMPACT ON THE VICTIM)
IS DISCHARGE OR FINE APPROPRIATE?
GUIDELINE: 5 IS IT SERIOUS ENOUGH FOR A COMMUNITY PENALTY?
IS IT SO SERIOUS THAT ONLY CUSTODY IS APPROPRIATE?
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OCONSIDER AGGRAVATING AND MITIGATING FACTORS AND THE WEIGHT TO ATTACH TO EACH
for example
Disregard of warning
Excessive persistence
Interference with employment/business
Invasion of victim’s home
Involvement of others
Use of violence or grossly offensive material
Where photographs or images of a personal nature are involved
This list is not exhaustive
for example
Initial provocation
Short duration
This list is not exhaustive
If offender is on bail, this offence is more serious
If offender has previous convictions, their relevance and any failure to respond to previous
sentences should be considered — they may increase the seriousness. The court should make
it clear, when passing sentence, that this was the approach adopted.
TAKE A PRELIMINARY VIEW OF SERIOUSNESS, THEN
CONSIDER OFFENDER MITIGATION
for example
Age, health (physical or mental)
Co-operation with police
Evidence of genuine remorse
Voluntary compensation
CONSIDER YOUR SENTENCE
Compare it with the suggested guideline level of sentence and reconsider
your reasons carefully if you have chosen a sentence at a different level.
Consider a reduction for a timely guilty plea.
Restraining order — consider making an order in addition to the sentence to protect the victim
or any named person from further conduct which would amount to harassment.
DECIDE YOUR SENTENCE
NB. COMPENSATION — Give reasons if not awarding compensation
© The Magistrates’ Association 40 Issued October 2003 for implementation 1 January 2004
Hope this helps