The Laws Relating to Harassment & Racial Abuse

 
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Protection from Harassment Act 1997  Crime & Disorder Act 1998 
 
 
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    This section is intended for guidance only and you should, if need be, obtain professional advice, note that this information relates ONLY to England & Wales. As you can see this section is still under construction, though we will be providing links to the relevant legal sites where you will be able to download transcripts of the law. As you will appreciate the law changes frequently, at the time that the highlighted case was brought, the relevant law was the " Protection from Harassment Act 1997 " , there being no specific law regarding Racial Harassment & Abuse at that time. This is no longer the case & we will be discussing a variety of Legal Remedies in this section over time.

The Protection from Harassment Act 1997

    Essentially this law states;

     a person must not pursue a course of conduct-
    (a)  which amounts to harassment of another, and 
    (b)  which he knows or ought to know amounts to harassment of the other 

    The law states that " 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".

     In general, as we believe it, you will need to show at least two instances of conduct which constitutes a harassment. 
    There is a copy of this act on-line at the following location; 

    http://www.hmso.gov.uk/si/si1997/97141801.htm  

 

 

The Crime & Disorder Act 1998

    This Act is the one which covers the Racial aspect of crime. S.28 provides a definition of "racially aggravated" crime thus;

     "28. - (1) An offence is racially aggravated for the purposes of sections 29 to 32 below if- 

    (a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim's membership (or presumed membership) of a racial group; or 

    (b) the offence is motivated (wholly or partly) by hostility towards members of a racial group based on their membership of that group." © Crown Copyright 1998 

    There is a copy of this act and further details on-line at the following location; 

    http://www.hmso.gov.uk/acts/acts1998/80037--g.htm 

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