Stalking Protection Orders
Powerful new orders came into force on 20 January 2020 which will enable police forces to better protect victims of stalking.
New Stalking Protection Orders (SPOs) will allow courts in England and Wales to move more quickly to ban stalkers from contacting victims or visiting their home, place of work or study.
In addition to banning perpetrators from approaching or contacting their victims, SPOs can also force stalkers to seek professional help.
According to the Crime Survey for England and Wales, almost one in five women over the age of 16 have experienced stalking, as well as almost one in ten men.
From the Act it means that the police can apply for civil protection orders that are similar to non-molestation orders. However, it means that the victim does not need to apply to the courts themselves.
The police can apply directly to the magistrates’ courts if:
The perpetrator carries out any stalking behaviours
The perpetrator poses a risk to the victim. This risk can be either physical or psychological
The victim needs protecting from the perpetrator
It will prohibit the perpetrator from doing anything described in the order.
It requires the perpetrator to do anything described in the order such as alcohol, substance misuse and mental health support.
It doesn’t matter if the acts were carried out in the UK or elsewhere.
It can be for a fixed period of two years or until a new order is in place, for example a restraining order.
The courts can make an interim stalking protection order if there is a delay in the main application of a stalking protection order.
The offence and sentence for breaching the order can be up to five years custodial.
The order also orders the perpetrator to contact the police and provide all names given and their home address, and will need to notify the police if they change address, it also gives the police power to collect fingerprints and photos of the perpetrator.
If the perpetrator does not complete the above then they will breach the order.
Herts Police advise that for them to apply for a SPO the criminal standard or proof must be met. An interim order, on civil standard of proof can also be applied for but only at the same time as the full SPO or after the full SPO has been applied for.
From 1 April 2019 to 30 January 2020 Herts Police received 342 allegations of stalking.
Please see the information on our Advice tab about different types of stalking and also tech abuse.
Our thanks go to Safer Places and the Independent Stalking Advocacy Caseworker Service (ISACs) for the above information. If you or someone you know is experiencing stalking please contact the ISAC 24 hour support and advice number on 03301 025811 or call the Helpline on 08 088 088 088.
Please also see our other blogs on Stalking.