§ Mr. RooneyTo ask the Secretary of State for the Home Department what is the definition of violence his Department uses in interpreting section 4(1) (4) (2) of the Protection from Harassment Act 1997. [4846]
§ Mr. Michael[holding answer 20 June 1997]Section 4 of the Protection from Harassment Act 1997 makes it a criminal offence for a person to pursue a course of conduct which they know, or ought to know, causes another to fear that violence will be used against him or her. The offence is intended to catch the most serious cases of stalking, where the stalker's conduct is so threatening that the victim fears for his or her safety.
The Act does not define "violence", nor is there any guidance on the meaning of the term in the circular issued by the Home Office to the courts and police for the implementation of the Act on 16 June. The courts already have long experience of interpreting the term and should continue to exercise that judgment in cases arising under section 4 of the 1997 Act. Violence does not need to be established to prove an offence under section 4: fear of violence will suffice.
Under the 1997 Act there will be scope for early intervention, in the form of the offence of causing harassment and a restraining order on conviction to prevent further harm being caused, which is designed to prevent the harassment escalating any further.