ABSTRACT
One of the recommendations of the Home Affairs Committee, in its report on racial attacks and harassment,1 is that an individual suffering from harassment or molestation should consider taking civil action. Indeed, they went so far as to suggest that police should give to complainants details of local solicitors who might be able to assist2 and even to produce leaflets in a range of languages drawing attention to the civil remedies available.3 In making this recommendation it was recognised that in some cases the police may not be able to charge the perpetrator of a racial incident with a criminal offence either because of a lack of evidence, or because the harassment or molestation 'might fall below the level of a criminal offence'.
