ABSTRACT
Section 1 of the Protection from Harassment Act 1997 contains the prohibition of harassment, which forms the basis of the criminal offence of harassment and the statutory tort of harassment. From the outset, questions are raised regarding the potential difficulties of founding both civil and criminal liability upon the same basis. No guidance is provided by the statute as to the circumstances in which either course of action is most appropriate – it is apparently to be a matter of personal choice for the victims. Presumably, there is nothing to prevent a victim alerting the police to the problem whilst simultaneously pursuing a civil action – a ‘belt and braces’ approach that may reassure the beleaguered victim that at least one course of action is likely to ameliorate the situation. Nonetheless, this clearly places the stalker in peril of double jeopardy, a particularly problematic issue in the context of this legislation, given that the breach of a civil order is a criminal offence.
