Posted on: Oct 11,2019
This new Act provides stalking protection orders. These are civil orders available on application by a chief officer of police to the magistrate’s court. They are bespoke orders, which can be positive (requirements) or negative (prohibitions) in nature, and they are designed to give that much-needed protection – especially where there is the risk of the stalking escalating – by allowing police and the courts to step in at an earlier stage. If the civil order is breached it would be a criminal offence – with a maximum sentence of up to 5 years in prison.
A magistrates’ court may make a stalking protection order if satisfied that:
(a) the defendant has carried out acts associated with stalking,
(b) the defendant poses a risk associated with stalking to another person, and
(c) the proposed order is necessary to protect another person from such a risk.
A magistrates’ court may include a prohibition or requirement in a stalking protection order only (our emphasis) if satisfied that the prohibition or requirement is necessary to protect the other person from a risk associated with stalking.
Prohibitions or requirements must, so far as practicable, be such as to avoid (our emphasis):
(a) conflict with the defendant’s religious beliefs, and
(b) interference with any times at which the defendant normally works or attends an educational establishment.
An order can prohibit a defendant from:
An order can also require the defendant to do something, such as:
See also: Bullying and Harassment at Work
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