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Criminal law – Harassment – Course of conduct – Information alleging conduct on one date only – Justices hearing evidence relating to conduct occurring before date on information – Whether justices entitled to construe course of conduct as including acts of harassment occurring on unspecified occasions prior to that date – Protection from Harassment Act 1997, s 2.
In this case the defendant had been arrested for harassment and the conduct was only alleged to have taken place on one day. During the case, magistrates heard evidence of conduct amounting to harassment taking place on previous occasions as well, and convicted the defendant on this basis. It was ruled that the magistrates were able to do this, and the conviction was safe.
This case establishes that the prosecution may adduce additional evidence of harassment not contained in the original charge and use this to secure a conviction.
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