The Supreme Court on harassment: purpose and rationality – UK Human Rights Blog

Posted March 21st, 2013 in crime, defences, harassment, news, Supreme Court by sally

“Harassment is both a civil wrong and a crime. It is a statutory defence to both that the conduct #was pursued for the purpose of preventing or detecting crime’ s.1(3) Protection of Harassment Act 1997. This decision grappled with the problem of the apparently honest but irrational harasser. Was he guilty or did this defence help him? In answering this, the Supreme Court looked at some basic concepts running through great swathes of the law, ‘purpose’, ‘subjective’, ‘objective’, ‘reasonableness’ and, critically, ‘rationality’ – so the case is one not simply for harassment lawyers to look at.”

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UK Human Rights Blog, 20th March 2013