Harassment

[Ryjaya]

I have had a preliminary harassment case opened against me and I'm really worried about the impact it will have in my career as I predominately do charity work or work in schools (which require a DBS check).

From my understanding of the law (which is low, hence the question being asked), for it to be harassment there needs to be a fear of violence. Firstly, is this true? Can there be harassment without fear of violence? Secondly, I'm unaware how my actions were taken. I have some belongings at an old partners place. I have been contacting her to try and get them back. In honesty, there was a period of less than 24 hours where I had got frustrated and gone overboard with contact. Yet I'm aware my intentions were simply to my stuff out of the house so everyone can move forward with their lives and not drag this on any longer. I can be sure those intentions were made clear to everyone involved, yet I can't be clear how my actions were viewed despite my honesty. Now I have been warned (not by police but by those involved) to not contact them. But I still have belongings in the house that I would rather get out for the benefit of everyone. What can I legally do to resolve the situation?

[Buenchico]

>>>Can there be harassment without fear of violence?

Yes.

Here's how the Public Order Act 1986 defines the offence:
http://www.legislation.gov.uk/ukpga/1986/64/section/5

However it's probably more likely that it's the Protection from Harassment Act 1997 which applies in your case. It was created as 'anti-stalking' legislation but it's used rather more widely than that. The wording of the Act basically says "If you could reasonably know that your former partner would regard your actions as harassment, then you're guilty of it":
http://www.legislation.gov.uk/ukpga/1997/40/section/1

Find a good solicitor who will consider:
(a) what you and your ex both agree that you did ;
(b) what she says that you did but you deny ;
(c) how those actions (or alleged actions) could reasonably be viewed by your former partner ;
(d) whether it's reasonable to assume that you should have known that she'd view your actions as harassment ; and
(e) how all of that lot relates to the wording of the law.

For the purposes of the 1997 Act (rather than the 1986 one) though a court might take the view that a period longer than 24 hours ought to be applied in order to obtain a conviction. (Such anti-stalking legislation was never intended to deal with short-term annoyances). So he/she might be able to persuade the CPS not to proceed with the case.

[boxtops]

I don't think violence has to be an element of harassment, IMO, but rather that the harassment causes fear and distress.

See a solicitor, they can write to your ex and ask her to return your belongings - if need be, through a third part.

[Peter Pedant]

Hi Ryjaja I think you must be a man.....

This happens a lot even to anglos - and you have to live with it.
I am pretty sure there doesn't have to be a fear of violence
and
yes there can be harassment without a fear of violence as it is defined as a course of action intended to cause distress.

I don't think you have chalked up a PIN - a police information notice - and it is galling for you to have a request for the return of your belongings taken as a course of action intended to distress.

I would write to the person who has the belongings
and tell them you want a friend to call around to collect them.
It should be a registered delivery letter and let them set the date

yes I know there is a possibility they will hang on to your stuff.

In American you can get a policeman to go around with you but that course of action is not open to you in the UK

In the UK it is subjective for the victim - how they feel about what you said and not objective in that you can say I meant this and that

Your citizens advice bureau may be able to help with advice

Once you get the idea that you can phone or go round
but you have to write the whole time

things will be more straightforward

start here
http://www.adviceguide.org.uk/wales/discrimination_w/discrimination_taking_action_about_discrimination_e/ge30_taking_action_about_harassment.htm

[Peter Pedant]

// See a solicitor, they can write to your ex and ask her to return your belongings - if need be, through a third part. //

god it is a bit early for that ! ( =money at £200 /h )

I think writing a letter is a good first point
and offering a third party to go around and collect

the only issue with that is that the 'keeper' may insist they haven't kept the stuff When They really Have

[boxtops]

Well, Chris and I both suggest a solicitor, Peter - I would. Save any misunderstanding arising - inappropriate terminology in an uninformed letter can cause confusion.

[Peter Pedant]

yes boxtops my well heeled sweet one

a lot of us don't have that kind of money....

[Ryjaya]

Thank you for taking the time to reply everyone, I really appreciate it.

Firstly, thank you for the clarity surrounding the law, will this preliminary harassment report show up on a DBS check?

Unfortunately, I have to agree with Peter, I won't be able to afford a solicitor. I can't see anything going any further. I'm just curious if there could be a conviction if, aside from a poor 24 hours from my judgement's perspective, the rest of my intentions have been clear and solution based?

Again, thank you for all responses. Much appreciated.

[Buenchico]

>>>will this preliminary harassment report show up on a DBS check?

If it's a 'standard' check then definitely 'No'. If it's an 'enhanced' check then 'Maybe'.

With enhanced checks a senior police officer can seek the inclusion of any information which is 'reasonably considered relevant' to the type of employment (or voluntary activity) that the check relates to.

For example, I know of a teacher who found that her CRB check (as it then was) showed that she'd had a relationship in the past with a guy who'd been convicted of downloading child porn, even though she no longer had any contact with him. We've also had a post, here on AB, who found that his CRB check included an allegation of grooming a minor for sexual activity that he was totally unaware of. (i.e. the police didn't think that there was enough substance in the allegation to question him, or even to tell him that the allegation had been made, but they still included the information on his enhanced check!).

[Buenchico]

Oops! Typo!
"We've also had a post, here on AB, from a teacher who found that his CRB check . . . "

[Peter Pedant]

But R., you are very much at the beginning of the harassment pathway.
I dont think they have complained to the Police and the first step for them is to issue a Police Information Notic (PIN)e.

you havent had one of them

They are very difficult to appeal - see here
https://leics.police.uk/about-us/our-departments/professional-standards/freedom/disclosure-logs/policy-procedure/police-information-notices-pins

I have had two ( over tenants and rent arrears ) and in one they didnt even bother to find out my side of the story

however according to this
http://www.justanswer.com/uk-law/7hwji-does-harassment-warning-appear-crb-enhanced-crb.html

a PIN will show up on a CRB

Quite honestlythat shouldnt stop you tring to get your stuff
and certainly did stop me suing for arrears

[Peter Pedant]

didnt

certainly didnt stop me..... sorry

[Buenchico]

>>>a PIN will show up on a CRB

As stated in my post above, it will NOT show up on a 'standard' DBS check but it MIGHT show up on an 'enhanced' check:
https://www.gov.uk/disclosure-barring-service-check/overview