Stalking Protection Act 2019

Document Number:2019 CHAPTER 9
 
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An Act to make provision for orders to protect persons from risks associated with stalking; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Stalking protection orders

1 Applications for orders

(1) A chief officer of police may apply to a magistrates’ court for an order (a “stalking protection order”) in respect of a person (the “defendant”) if it appears to the chief officer 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) there is reasonable cause to believe the proposed order is necessary to protect another person from such a risk (whether or not the other person was the victim of the acts mentioned in paragraph (a)).

(2) A stalking protection order is an order which, for the purpose of preventing the defendant from carrying out acts associated with stalking—

(a) prohibits the defendant from doing anything described in the order, or

(b) requires the defendant to do anything described in the order.

(3) A chief officer of police for a police area in England and Wales may apply for a stalking protection order only in respect of a person—

(a) who resides in the chief officer’s police area, or

(b) who the chief officer believes is in that area or is intending to come to it.

(4) A risk associated with stalking—

(a) may be in respect of physical or psychological harm to the other person;

(b) may arise from acts which the defendant knows or ought to know are unwelcome to the other person even if, in other circumstances, the acts would appear harmless in themselves.

(5) It does not matter—

(a) whether the acts mentioned in subsection (1)(a) were carried out in a part of the United Kingdom or elsewhere, or

(b) whether they were carried out before or after the commencement of this section.

(6) See section 2 A of the Protection from Harassment Act 1997 for examples of acts associated with stalking.

2 Power to make orders

(1) A magistrates’ court may make a stalking protection order on an application under section 1(1) 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 (whether or not the other person was the victim of the acts mentioned in paragraph (a)).

(2) A magistrates’ court may include a prohibition or requirement in a stalking protection order only if satisfied that the prohibition or requirement is necessary to protect the other person from a risk associated with stalking.

(3) Prohibitions or requirements must, so far as practicable, be such as to avoid—

(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.

(4) A prohibition or requirement has effect in all parts of the United Kingdom unless expressly limited to a particular locality.

(5) It does not matter—

(a) whether the acts mentioned in subsection (1)(a) were carried out in a part of the United Kingdom or elsewhere, or

(b) whether they were carried out before or after the commencement of this section.

(6) Subsection (7) applies where a magistrates’ court makes a stalking protection order in relation to a defendant who is already subject to such an order (whether made by that court or another).

(7) The court may not include any prohibition or requirement in the new stalking protection order which is incompatible with a prohibition or requirement in the earlier stalking protection order.

3 Duration of orders

(1) A stalking protection order has effect—

(a) for a fixed period specified in the order, or

(b) until a further order.

(2) Where a fixed period is specified it must be a period of at least 2 years beginning with the day on which the order is made.

(3) Different periods may be specified in relation to different prohibitions or requirements.

4 Variations, renewals and discharges

(1) The defendant or a relevant chief officer of police (see section 14(1)) may apply to a magistrates’ court for an order varying, renewing or discharging a stalking protection order.

(2) Before making a decision on an application under subsection (1) , the court must hear—

(a) the defendant, and

(b) any relevant chief officer of...

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