Protection from Harassment Act 1997

Whilst the intention of the legislation was to deal with stalking, it may be possible for individuals to use the legislation to prevent harassment by their landlord, their landlord's agents or their neighbours.

If an individual is intentionally harassed by a person s/he can raise a civil action of harassment in either the sheriff court or the Court of Session. [1] S/he must know the identity of the individual harassing them.

The Protection from Harassment Act 1997 prohibits conduct that:

• causes alarm or distress

• is intended to amount to harassment, (ie cause alarm and distress)

• would appear to a reasonable person to amount to harassment.

Conduct in the context of the Act includes speech, and so would include shouting abuse. The conduct must have occurred on at least two occasions. [2]

If the harassment is proved the court can award damages, and/or grant an interdict or interim interdict, or grant a non-harassment order which orders the harasser to desist from the behaviour being complained about. [3]

If the non-harassment order is breached then the harasser can be fined and/or jailed. [4] The jail term could be for up to five years.

The 1997 Act gives statutory defences to an action of harassment. The conduct being complained about will not constitute harassment if:

• it was authorised by a rule of law, for example sheriff's officers carrying out an eviction after a court order has been granted

• it was pursued for the prevention or detection of crime

• it was reasonable under the circumstances.