Page:Protection from Harassment Act 2014.pdf/11

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PROTECTION FROM HARASSMENT
11


security, national defence or the conduct of international relations.

(8) If any dispute arises as to whether any act falls within paragraph (d) of subsection (7), a certificate issued under the hand of the Minister responsible for national security, or for national defence or for the conduct of international relations, as the case may be, stating that in his opinion any act done by a specified person on a specified occasion falls within that paragraph shall be conclusive evidence that the act falls within that paragraph.

(9) A document purporting to be a certificate issued pursuant to subsection (8) and to be issued under the hand of the Minister shall be received in evidence and, unless the contrary is proved, be treated as being such a certificate.

(10) In this section—

"course of conduct" means conduct—
(a) on one occasion, if—
(i) the conduct is protracted; or
(ii) the accused person has a previous conviction under this section in respect of the same victim; or
(b) on 2 or more occasions in any other case;
"related person", in relation to the victim, means a person about whose safety or well-being the victim would reasonably be expected to be seriously concerned.

Illustrations

Y surreptitiously plants a camera in X's apartment. Unknown to X, the camera continuously transmits live videos of X in X's apartment and Y watches the videos continually over several days. Y's conduct is protracted.

Enhanced penalty for subsequent offence

8. A person who is convicted (whether before, on or after the date of commencement of this Act) of any offence under section 13A, 13B, 13C or 13D of the Miscellaneous Offences (Public Order and Nuisance) Act (Cap. 184) in force before that date or who is convicted