A Course of Conduct - What does this mean in terms of Harassment?
Rhys Rosser • June 13, 2023
The meaning of "Course of Conduct" is frequently misunderstood by the Prosecution and the Courts
It is generally assumed that a course of conduct is simply more than one incident, this is because Section 7 (3) of the Protection from Harassment Act 1997 states that there must be at least "two separate occasions".
However, case law has shown us that whilst two incidents can constitute a “course of conduct”, the fewer the incidents and the greater their separation in time, the less likely it is that they could be described as a “course of conduct. It is a higher bar than there simply being more than one incident.
The following is the general guidance to be followed in respect of an allegation of harassment when determining whether or not behaviour amounts to a course of conduct:
- there is no requirement that each individual act forming part of a course of conduct must be of sufficient gravity to be a crime in itself; nevertheless, the fewer the incidents, the more serious each is likely to have to be for the course of conduct to amount to harassment;
- findings of fact relating to conduct which has not expressly been particularised in the charge should not be taken into account;
- the facts of a separately charged offence (in the instant case, a racially-aggravated public order offence), whether they lead to a conviction or not, are capable of forming part of the course of conduct; however, where the specific facts relative to a separate charge have led to a conviction, and where it is that conviction which makes all the difference between a course of conduct falling short of harassment and amounting to harassment, it would be oppressive and unfair for those facts in effect to lead to two convictions; and
- in any event, if the facts of a separately charged offence are to be relied on, that should be made clear at the outset, so that any issues of fairness or duplicity can be dealt with.
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