• The ‘extremely talented’ Robert Brown ‘always sees the bigger picture’.

    Legal 500 2015

  • Peter Binning is a "highly experienced all-rounder".

    The Legal 500 UK 2017

  • Peter Binning is praised for "In that particular field of representing senior corporate individuals, he is clever, has great judgement and is a really great tactician"

    Chambers UK 2018

  • "A serious firm focused on providing the best advice to clients and which is not afraid to confront the difficult issues."

    Chambers UK 2018

  • Peter Binning is ‘a major player who is supported by a strong team of junior colleagues’.

    The Legal 500 UK 2017

  • "They're good at coming up with solutions and strategies for thinking outside the box. They've got strength in depth."

    Chambers UK 2017

  • The team ‘brings a strong wealth of experience in dealing with criminal litigation into the complex world of fraud’ and the ‘talented lawyers demonstrate the highest professional standards’.

    The Legal 500 UK 2017

  • At Corker Binning, Andrew Smith ‘is a first-class lawyer, and very user friendly’.

    Legal 500 2015

Harassment

Corker Binning has many years’ experience in acting for defendants and complainants in criminal harassment matters. The firm also works alongside family law and civil litigation teams in other firms to provide an expert criminal law perspective to them when advising a client.

The Protection from Harassment Act 1997 creates criminal and civil law remedies for a person who considers themselves to be the victim of actual or anticipated harm from harassment.

What amounts to harassment? The 1997 Act defines it in broad terms; a course of conduct a) which amounts to harassment of another, and b) which he knows or ought to know amounts to harassment of another. Due to the breadth of the offence, a working definition has only emerged from case law. This has resulted in the requirement that the conduct must also be oppressive for it to be regarded as criminal. Conduct which is merely unattractive or regrettable is insufficient for the purposes of the offence. In addition, the courts have found that a course of conduct which begins as legitimate might become harassment due to persistence and the manner in which it is pursued. The courts insist that selfish or anti-social behaviour of some sort which is not directly aimed at someone is not harassment, although it may cause distress to many. Harassment therefore needs to be targeted.

Harassment is a highly fact-dependant offence. The issues in dispute are likely to be a) whether the conduct was oppressive, and sufficiently serious to be regarded as criminal, and b) whether the suspect knew or ought to have known that the complainant felt harassed. It is a defence for the suspect to show that his or her conduct is reasonable.

If you are alleged to be the perpetrator in either civil or criminal litigation mounted against you, you will probably want to show that the allegation is mistaken or unjustified. In the event of a police investigation, one potential outcome may be the issuing of a Police Information Notice, or harassment warning letter. Such a letter informs the alleged perpetrator that his or her behaviour is causing distress to the complainant and so the behaviour should be ceased immediately. The letter is not a caution or conviction and requires no admission of guilt.

Our lawyers understand the impact that involvement in a police investigation or prosecution can have on an individual. They are expertly equipped to advise and support our clients through the process with the objective of achieving the best possible result, as quickly as possible.

More

For more information on how we can help you, please call us on 020 7353 6000.

You can also read our general crime lawyers’ comments and analysis on recent cases and developments in the Corker Binning Blog.

Named as key individuals in the field of Crime by Chambers UK 2018:

chambers-2017
Top_tier_firms

Robert Brown – Star Individual

Jessica Parker – Band 4

  • Corker Binning is ranked in Band 1 of recommended firms for Crime by  Chambers 2018.
  • Corker Binning is ranked as a first tier firm for Crime by The Legal 500 2017 and Robert Brown is named as a leading individual for Crime.