(The information below is for guidance only - if necessary, seek legal advice)

The Protection from Harassment Act 1997 (PHA 1997) itself does not define hate crime, but it creates a framework for criminal and civil action against harassment. The Crime and Disorder Act 1998 amended the PHA 1997, creating specific offences for harassment that is motivated by racial or religious hostility. This means that if harassment is motivated by hostility towards a person's race or religion, it becomes a hate crime, which carries higher penalties than standard harassment under the 1997 Act.

The Protection from Harassment Act 1997:

• Establishes Harassment as an Offence - The Act makes it a criminal offence to pursue a course of conduct that amounts to harassment of another person.
• Defines Harassment - Harassment is defined as conduct that causes a person to fear violence, or conduct that is alarming or distressing. The behaviour must occur on at least two occasions.
• Provides Civil Action - Victims can also take civil action against the harasser.

In summary: The PHA 1997 provides the legal tool to address harassment, and the Crime and Disorder Act 1998 and other legislation build upon it to address hate crimes by allowing for harsher penalties when harassment is motivated by prejudice.