Recent Judicial Decisions
| DOI | 10.1177/0032258X0207500108 |
| Published date | 01 March 2002 |
| Author | Rob R. Jerrard |
| Date | 01 March 2002 |
| Subject Matter | Article |
ROB R. JERRARD
Lega/Correspondent
http://ourworld.compuserve.com/homepages/Rob_Jerrard/
Policela.htm
RECENT JUDICIAL DECISIONS
Duty of Care - Police had NO duty to stop offence: Protection
from Eviction Act 1977
Cowan v Chief Constable
of
Avon and Somerset Constabulary
Court of Appeal
(2001) The Times,
II
December
Protection from Eviction Act 1977
Cowan v Chief Constable
of
Avon
and
Somerset Constabulo.ry
Police had NO duty to stop offence
Prohibition of harassment
Duty of Care
The statute
I. Prohibition of harassment
(I)
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.
(2) For the purposes of this section, 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 infor-
mation would think the course of conduct amounted to harassment
of the other.
(3) Subsection (1) does not apply to a course of conduct if the
person who pursued it shows
(a) that it was pursued for the purpose of preventing or detecting
crime,
(b) that it was pursued under any enactment or rule of law or to
comply with any condition or requirement imposed by any
person under any enactment, or
(c) that in the particular circumstances the pursuit of the course
of conduct was reasonable.
2. Offence of harassment
(I)
A person who pursues a course of conduct in breach of section
I is guilty of an offence.
The Police Journal, Volume 75 (2002) 78
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