Communications
The Malicious Communications (NI) Order 1988. A person who sends another a letter or article that conveys a message that is indecent or grossly offensive, a threat, or information that is false or known to be false by the sender, or any other article that is, in whole or in part, of an indecent or grossly offensive nature, is guilty of an offence if one of their purposes, or their purpose in sending it, is to cause distress and anxiety to the recipient or any other person to whom they intend it or its contents to be communicated.
A person is not guilty of the above offence if the threat was used to reinforce a demand which they believed they had reasonable grounds for making, and they believed that the use of the threat was a proper means of reinforcing the demand.
A person guilty of an offence is subject, on summary conviction, to a fine not exceeding level 4 on the standard scale.
The Protection from Harassment (Northern Ireland) Order 1997 provides that a person shall not pursue a course of conduct which amounts to harassment of another; which he knows or ought to know amounts to harassment of the other. A person whose course of conduct is in question or ought to know 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 another.
It does not constitute unlawful harassment if the person who pursued the course of conduct shows that it was done for the purpose of preventing or detecting crime; it was done pursuant to statutory provisions of law or to comply with any condition or requirement imposed by law; or in the particular circumstances, the pursuit of the course of conduct was reasonable.
Reference to harassing includes alarming and causing distress to another person. A person who has used a course of conduct above is guilty of an offence. He is liable on conviction on indictment to imprisonment for up to two years, or a fine, or both; or on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both.
An actual or apprehended breach of the above prohibition may be a claim in civil proceedings by a person who is or may be the victim of the course of conduct in question. Damages may be awarded, inter alia, for anxiety caused by the harassment and any financial loss resulting.
Where the High Court or County Court grants an injunction for the purpose of restraining the defendant from pursuing any conduct which amounts to harassment; and the plaintiff considers the defendant has done anything which is prohibited by the injunction, he may apply for the issue of a warrant for arrest of the defendant.
The judge may issue a warrant if the applicant is substantiated on oath; and the judge is satisfied he has reasonable grounds for believing that the defendant has done anything which he is prohibited from doing by the injunction.
A person who without reasonable excuse does anything prohibited by the injunction is guilty of an offence. Where a person is convicted of an offence, that conduct is not punishable as a contempt of court. A person may not be punished for this offence as well as punished for contempt of court. A person who is guilty of an offence of breach of an injunction order may, on conviction on indictment, be subject to imprisonment for a term not exceeding five years, or a fine, or both; or on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both.
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.
A person whose conduct is in question ought to know that it will so cause fear if a reasonable person in possession of the same information would think that the course of conduct would cause the other so to fear on that occasion.
It is a defence to show that the course of conduct was done for the purpose of preventing or detecting crime; is done pursuant to statutory provision or requirement imposed by law; or in pursuit of a course of conduct that is reasonable for the protection of himself or another or for the protection of his property or that of another.
A person is guilty of an offence under the Article, may be liable on conviction on indictment, to imprisonment for up to seven years, or a fine, or both; or on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both. A person who is tried for this offence may be convicted of a lesser offence above.
A court sentencing or dealing with a person convicted of an offence as well as sentencing may make a restraining order against him. The order, for the purpose of protecting a victim, may prohibit conduct which amounts to harassment; or will cause fear of violence, and may prohibit the defendant from doing anything described in the order.
The order may have effect for a specific period or until further order.
In proceedings under this provision, the rules of evidence are relaxed.
A defendant who does anything prohibited by a restraining order is guilty of an offence. He may be liable on conviction on indictment, to imprisonment for up to five years, or a fine, or both; or on summary conviction, to imprisonment for a term of six years or the statutory maximum.
A court may grant a restraining order on acquittal, if it considers it necessary to protect a person from harassment. The above provisions apply if the statute of limitations does not apply to an action for damages for harassment in respect of personal injury limitation.
If the Secretary of State certifies that in his opinion anything done by a specified person on a specified occasion related to national security; the well-being of the United Kingdom; or the prevention or detection of serious crime, and was done on behalf of the Crown, this is conclusive evidence that the legislation does not apply to that conduct on that occasion.