As well as appearing on enhanced DBS checks, if any future prosecution is undertaken then the PIN will be treated as evidence of a previous course of action. Human Rights advocates have been concerned about PINs for some time.
This is not happening in many cases at the moment. In Jordan was issued with a PIN for harassment in The allegations were subsequently shown to be fabricated and her accuser was convicted of perverting the course of justice. However, despite being innocent of harassment Jordan spent three years trying to have the PIN removed — her career suffered and many charities she was working with refused to be associated with her.
In another case a local newspaper journalist, Gareth Davies , was issued with a harassment warning when he approached a suspected fraudster for her comments on an article he was writing. It was only when he started legal proceedings through a judicial review arguing that his human right to free expression under Article 10 of the Human Rights Convention had been violated, that the police backed down and revoked the notice.
PINs are not necessarily helpful to genuine victims of harassment, as they may not stop any problematic behaviour against them. While the recent government review found that many people issued with PINs were not given a fair hearing, it found that equally, because PINs lacked a statutory or legal basis they gave victims of harassment a false sense of security. However, there is no legal mechanism for you to challenge the harassment warning. However, if the individual who had made the complaint about chose to make the fact that you had received a harassment warning public, you have a right to challenge them, through lawyers and through the courts.
You should not write to them or contact them directly. It is not possible to break a harassment warning because harassment warnings are different to court orders.
If you receive a harassment warning and you choose to ignore it, the most that could happen to you is that you will be arrested by the police and interviewed under caution for a criminal offence under the Protection from Harassment Act. This could result in you being charged and taken to court. At the same time, an interview by the police under caution could show the police that the harassment warning was issued without justification.
If you ignore a harassment warning that was issued to you by a solicitor, the solicitor might file for legal proceedings against you in a civil court without giving you further notice. This could result in an injunction being granted against you and in an order for you to pay damages to the victim. It might also mean that you will have to incur substantial legal costs in trying to defend such claim.
While the harassment warning is not a criminal record, it is recorded on the Police National Computer and can remain there indefinitely as it is not covered by the Rehabilitation of Offenders Act as amended by the Aid, Sentencing and Punishment of Offenders Act You can ask a solicitor to send a harassment warning on your behalf. The practical effect of a harassment warning which is sent by a solicitor is the same as a harassment warning which is issued by the police. It puts the accused harasser on notice of their conduct and it opens up the possibility of them being taken to court under the Protection from Harassment Act.
Your solicitor can either start a private prosecution in a magistrates court against your alleged harasser, or they can bring a civil claim for an injunction and for payment of damages in a civil court, without further notice.
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Back Online harassment injunction Private prosecution of harassment Remove Images legal advice Remove personal information from internet Revenge porn removal. Back Social media legal problem Tracking down internet trolls Urgent harassment injunction. When making a decision on issuing a Harassment Warning, the police must follow any applicable guidance unless there is good reason not to. The reasons given must be rational and must comply with Article 8 of the European Convention on Human Rights, and sometimes Article If you are given a Harassment Warning which you believe was improperly issued to you, you should take immediate legal advice.
It is important that legal challenges are started as soon as possible and within three months of the Harassment Warning being issued. The issuing of a notice does not give you a formal opportunity to make a record of your response. Regardless of how upset you may feel on receipt of this notice, we would advise against saying anything to the police at this stage, without the benefit of legal advice.
If a policeman is interviewing you and you wish to make criminal allegations of your own, then the officer is obliged to record it. As a PIN has no legal force, there are no formal rights of appeal. Another option might be to seek judicial review in the High Court. A person wishing to do this would need legal advice. Similarly, if someone who has received a PIN wants to check the implications for any future action they might take, they should consider getting legal advice.
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