Hayes v Willoughby (2013)

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Course Overview

The Protection from Harassment Act 1996 contains a statutory defence. Many defendants wishing to invoke “reasonableness” are inherently unreasonable people. Some are simply misguided, honest and principled or at the end of their tether when help has not been forthcoming from the authorities. Even unattractive individuals may rely on s1 (3). The problem for defence advocates is that unattractive people often are convicted.

Aimed at prosecution and defence advocates in both the Crown and Magistrates’ Court and police station representatives this course will dissect the following:

The defence under s1 (3)
The standard and burden of proof
Dealing with police interviews
Case management-avoiding allegations of ambush
Hayes v Willoughby [2013]
Cheshire West and Chester Council & others v Pickthall [2015] EWHC 2141 (Q B)
Resisting the defence
Closing speeches

What are the requirements?

Watch 20 minute recorded webinar, including reference notes, discussion questions and optional evaluation form to test your legal knowledge
This course provides 0.5 – 1 CPD point (depending on length of time spent considering the discussion questions and completing the evaluation form)

Learning Outcomes

On completion of this course you will know:
- Who can raise this defence and how
- How it may be rebutted
- What your party has to prove and to what extent
- The tactics to use in a PACE interview
- How to prepare closing submissions at trial

What is the target audience?

This course will be suitable for advocates of all levels

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About Instructor - Olwen Davies

Admitted in 1990, Olwen is freelance solicitor-advocate with extensive experience in both defence and prosecution work from the magistrates' court to the Court of Appeal. Olwen has lectured at post- graduate level and has presented many CPD courses for the legal profession, the police, Health and Safety Executive and others. Olwen is the co-author of Jordan's Criminal Practitioners Guide to the Criminal Justice Act 2003 and is an avid supporter of Save UK Justice and the campaign to stop cuts to legal aid and the criminal justice system.

Course Curriculum

Section 1: Hayes v Willoughby (2013)

Webinar - Hayes v Willoughby 2013 Defences to Harassment

Written and recorded by Olwen Davies (0.5 CPD Points)

00:23:16
Slides - Hayes V Willoughby 2013 Defences To Harassment

41 Page
Discussion Questions - Hayes v Willoughby 2013 Defences to Harassment

Discussion questions in support of the webinar

2 Page