Since the introduction of the Protection from Harassment Act 1997, the police have routinely dealt with low-level ‘harassment’ by issuing a Police Information (Harassment) Notice (PIN).
What is a Police Information Notice?
The police might issue a PIN as a caution where there are allegations of harassment. Their main purpose is to inform the alleged harasser that their behaviour amounts to harassment and is unacceptable. The Protection from Harassment Act does not see some behaviour, such as sending flowers or constant texting, as harassment, but the PIN closes these potential loopholes.
Some points to keep in mind are:
The CPS has issued guidance indicating that these warnings can also be useful where one instance of harassment has occurred (this would not constitute a course of conduct under the Protection from Harassment Act) or where there is evidence of a course of conduct, and there is a victim unwilling to support a prosecution.
The information contained within the notices should be sufficient to advise the suspect of the following:
You can see a sample notice here.
Implications for family law
We are seeing an increasing number of PINs issued within family disputes. PINs are often an easy way for police to deal with disputes between separating parties, but they can be oblivious to the potential implications of issuing PINs to one party or another. Sadly PINs have also been used as weapons in court proceedings by one party seeking to blacken the name of their ex-partner – particularly damaging if proceedings involve children.
Although a PIN might seem like a solution to separation conflict, Senior Associate, Chris Lloyd-Smith, has seen the damage that repeated, unsubstantiated allegations to the police can have on court proceedings. The court will take a very dim view of parties making malicious or repeated allegations to the police to ‘further their case’, and such actions can often backfire.
What should you do if you receive a PIN?
Chris has been on both sides of cases involving children and PIN notices and advises individuals to think very carefully before accepting a PIN Notice and the potential consequences of not doing so.
If you are contacted by the police in person, by letter email or phone regarding an allegation of harassment, we recommend that you seek legal advice immediately and certainly before signing the notice. The issuing of a PIN can have potentially damaging implications if anyone makes harassment allegations against you in the future.
Where children are involved, it is important to look at any existing arrangements and whether they will be affected by the PIN. Do not get yourself into a position where you have to decide whether to breach a court order or comply with a PIN. If this is an issue, it is imperative that you explain the current arrangements for the children to the police, including any orders that are in place and the effect of a PIN upon your compliance. The police should not issue a PIN that compels a parent to breach a court order.
If you refuse to accept a PIN, you run the risk of the police escalating the matter, possibly through arrest. The implications of arrest may be far worse than accepting a PIN.
What if a PIN is accepted?
If a PIN notice is accepted it is important to remember:
It is important if a party in litigation finds themselves accepting a PIN that they explain the circumstances of the PIN and highlight what is and is not accepted within its issue. This explanation can be done orally but, preferably, within a statement of evidence. It is also imperative to make clear to the court that the acceptance of a PIN is not an acceptance of any culpability of the alleged behaviour.
If you find yourself involved in issues such as those discussed above or you have any queries about anything raised in this briefing, please contact Chris Lloyd-Smith. You can also see our website for more information about the work we do.
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