Introduction of Stalking Protection Orders

Powerful new orders coming into force today will enable police forces to better protect the victims of stalking.

The new Stalking Protection Orders (SPOs) are a tough new measure designed to prevent stalkers from contacting victims or visiting their home, place of work or study. This will grant victims more time to recover from their ordeal.

Section 1 of the Stalking Protection Act 1999, which has just been commenced by virtue of the Stalking Protection Act 2019 (Commencement) Regulations 2020, allows the Chief Constable of any police force in England and Wales to apply to the Magistrates' Court for an order against a defendant living in their force area if:

(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 (a) above).

The order will allow the court to specify any requirements or prohibitions imposed on the defendant. It can last for a maximum of 2 years or until a newer order is imposed, whichever is sooner. An interim order can be imposed as a temporary measure if there is any delay in the court considering the main application.

It is an offence under section 8 of the Act for the defendant to breach either a full or interim order without reasonable excuse. The maximum penalty for the offence is 12 months' custody and/or an unlimited fine (subject to the commencement of section 154 of the Criminal Justice Act 2003) on summary conviction, 5 years' custody and/or an unlimited fine on conviction on indictment.

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.

Minister for Safeguarding and Vulnerability, Victoria Atkins said: "Every year, thousands of people live with the terrifying experience of being stalked, which can lead to victims feeling isolated, abused or even losing their lives.

"I am determined that we do everything we can to better protect victims and new Stalking Protection Orders will help the police to intervene and take action against perpetrators at the earliest opportunity."

Suky Bhaker, Acting Chief Executive of The Suzy Lamplugh Trust, said: "Today is an important step forward in the way stalking is handled in England and Wales and an acknowledgement of the suffering victims of stalking can face.

"We welcome the introduction of Stalking Protection Orders and hope to see the new order complement the existing legislation to ensure that victims receive a proactive response when they come forward and report stalking."

Professor Clive Ruggles of the Alice Ruggles Trust said: "The Alice Ruggles Trust is working hard to make stalking victims more aware of the dangers they face and to come to the police earlier than many do at present.

"Stalking Protection Orders represent a powerful new tool to help the police respond in the right way when they do. It is critical, though, that there is no delay in arresting perpetrators who breach them: any other response may well escalate the risk to the victim.

"We believe that the existence of SPOs could have made a critical difference in Alice’s case, and will help improve the outcome for many others in the future."

Professor Ruggles' daughter Alice was murdered by her estranged boyfriend Trimaan Dhillon on 12th October 2016.

She had previously reported concerns about his behaviour to Northumbria Police, which was criticised in an Independent Office for Police Conduct report into its handling of the case.