Consider the Harassment Act as a reason for carrying the phone, and the use to which you put it.
Offence of Harassment - Section 2
The elements of the section 2 offences are:
a course of conduct;
which amounts to harassment of another;
which the defendant knows, or ought to know amounts to harassment of another.
The defendant ought to know if his course of conduct amounts to harassment if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.
Section 7 defines a course of conduct as involving conduct on at least two occasions. Harassment is not defined, but includes causing alarm or distress, and conduct is defined as including speech.
Section 7(3)A provides that:
Conduct by one person shall also be taken to be conduct by another if that other has aided, abetted, counselled or procured the conduct.
The knowledge and purpose of the person who aids, abets, counsels or procures conduct are what was contemplated or reasonably foreseeable at the time of the aiding, abetting, counselling or procuring and not when the conduct occurs.
The amendment at (a) above makes it clear that a campaign of collective harassment by 2 or more people can amount to a “course of conduct”. It also confirms that one person can pursue a course of conduct by committing one act personally and arranging for another person to commit another act.
The amendment at (b) above ensures that the knowledge and purpose of the person who aids, abets, counsels or procures conduct is judged at the time that the conduct was planned and not when it is carried out. This may assist a defendant to offer a defence of reasonableness if, at the time that he commissioned a subsequent act, he was unaware that the first act had caused distress to the complainant. Such a defence would not succeed if the defendant ought to have known that the act would cause distress at the time that the subsequent act was commissioned.
Harassment is unlawful under the Equality Act 2010
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