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Hatred and Harassment Practice Questions

Free NPPF Step 2 Hatred and Harassment questions with full answers, for Sergeant and Inspector candidates.

25+ questions in the full bankType A format

About this topic

This topic covers harassment, stalking, putting people in fear of violence, restraining orders and the offences of stirring up hatred.

Know the course of conduct requirement, the stalking offences in ss.2A and 4A, stalking protection orders, and the different tests for racial and religious hatred offences.

Key legislation and cases

  • Protection from Harassment Act 1997
  • Stalking Protection Act 2019
  • Public Order Act 1986, Parts 3 and 3A

Worked examples

Try each question before opening the answer. Every option is explained, because the exam usually turns on why the near-miss answers are wrong.

Worked question 1 of 2Standard

Over four months, Trevor repeatedly drives past the home of his former colleague, Amanda, waits outside her workplace and sends her emails asking to meet. Amanda has made clear she does not want contact. Trevor has never made any direct threat. DC Henshaw considers whether an offence of stalking under s.2A Protection from Harassment Act 1997 is made out. Which of the following is correct?

  1. ANo offence of stalking is made out as Trevor has made no threats - s.2A requires the course of conduct to include at least one threatening act or communication.
  2. BAn offence of stalking may be made out - s.2A applies where a course of conduct amounts to harassment and the acts involved are associated with stalking, including monitoring a person, loitering near their home or workplace and contacting them.
  3. CNo offence of stalking is made out as the course of conduct must cause the victim to fear violence - without fear of violence s.2A cannot be established.
  4. DAn offence may be made out but only under s.4A PHA 1997 - s.2A stalking only applies where the conduct has caused serious alarm or distress affecting daily activities.
Show answer and explanation
Answer: B

s.2A PHA 1997 creates an offence of stalking where a person pursues a course of conduct that amounts to harassment and the acts or omissions involved are ones associated with stalking. s.2A(3) provides a non-exhaustive list including following a person, contacting or attempting to contact a person by any means, and loitering in any place. No direct threats are required. Fear of violence is not a requirement of s.2A - that is the threshold for the aggravated offence under s.4A.

s.2A Protection from Harassment Act 1997
s.2A(1): A person whose course of conduct amounts to stalking is guilty of an offence. s.2A(2): The person's course of conduct amounts to stalking of another person if it amounts to harassment of that person and the acts or omissions involved are ones associated with stalking.
  • A: s.2A does not require any threatening act or communication. The offence is constituted by a course of conduct amounting to harassment that involves acts associated with stalking - threats are not a necessary element.
  • C: Fear of violence is the threshold for the aggravated stalking offence under s.4A PHA 1997, not for the s.2A offence. s.2A can be made out without any fear of violence.
  • D: This confuses s.2A and s.4A. s.2A is the basic stalking offence and does not require serious alarm or distress affecting daily activities - that is the additional element required under s.4A(1)(b).
Worked question 2 of 2Standard

At a public rally, Drummond makes a speech describing followers of a particular religion as evil people who should be driven from the country. DC Ferreira considers whether an offence of stirring up religious hatred under s.29B Public Order Act 1986 has been committed. Which of the following correctly states the test?

  1. AThe offence under s.29B requires proof that the defendant intended to stir up religious hatred - unlike racial hatred offences there is no likelihood limb for religious hatred, and the words must be threatening not merely abusive or insulting.
  2. BThe offence under s.29B is the same as the racial hatred offence under s.18 - it applies where the defendant uses threatening, abusive or insulting words intending or likely to stir up hatred.
  3. CThe offence under s.29B applies only where the words used are threatening - abusive or insulting words cannot found a religious hatred charge but an intent or likelihood of stirring up hatred must also be proved.
  4. DThe offence under s.29B requires proof that members of the targeted religious group were present and heard the speech.
Show answer and explanation
Answer: A

The religious hatred offences under Part 3A POA 1986 are deliberately narrower than the racial hatred offences. Under s.29B the words must be threatening - not merely abusive or insulting. Additionally the prosecution must prove intent to stir up religious hatred - there is no likelihood limb. This reflects Parliament's decision to protect freedom of expression in religious debate more strongly. Whether Drummond's words were threatening rather than merely abusive is therefore the key question.

s.29B Public Order Act 1986
s.29B(1): A person who uses threatening words or behaviour, or displays any written material which is threatening, is guilty of an offence if he intends thereby to stir up religious hatred.
  • B: The religious hatred offence is deliberately narrower than the racial hatred offence. The racial hatred offence covers threatening, abusive or insulting words with an intent or likelihood limb. The religious hatred offence requires threatening words only and intent only.
  • C: This correctly identifies that threatening words are required but incorrectly suggests a likelihood limb exists. There is no likelihood limb for religious hatred - intent must be proved.
  • D: There is no requirement that members of the targeted religious group were present. The offence does not require the hatred to have been received by members of that religion.

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