Stalking Protection Orders: The requirements and the consequences

Stalking Protection Orders: The beginning

The Stalking Protection Act 2019 made provision for the Police to apply to Magistrates’ Courts for a Stalking Protection Order (SPO), which is a Civil Order.

The Police must be able to show, on the balance of probabilities, that the Respondent has demonstrated the following behaviors:-

1.      The perpetrator has carried out acts of stalking;

2.      The perpetrator poses a risk of stalking someone (not necessarily just the current victim);

3.      An order is justifiable to manage this risk.

What are Stalking Protection Orders and what do they do?

It is important to note that a conviction for stalking is not required for an application for an SPO to be made. SPOs are intended to protect individuals from stalking behaviour prior to any conviction for an offence.

It is becoming more and more common for the Police to make applications for SPOs when someone is arrested for a stalking offence.

If an application for an SPO is granted, the Court can impose various prohibitions/conditions on the Respondent as part of the Order.  

Some common SPO conditions may include:-

1.      Not contacting the victim by any means.

2.      Not entering specific locations – monitored by use of a GPRS tag.

3.      Engaging with assessments by appropriate services.

What happens if I breach an SPO?

Breach of an SPO without reasonable excuse is a criminal offence punishable by up to five years imprisonment.

It is also possible to breach an SPO by:

1.      Failing without reasonable excuse to notify the police of your details within three days of being served with an SPO

2.      Failing without reasonable excuse to notify the police of a name not already notified within three days of beginning to use that name

3.      Failing without reasonable excuse to notify the police of a new address within three days of moving there

4.      Failing to comply with the request of a police officer or other authorised person to provide your fingerprints, photograph or both.

5.      Providing information related to the notification requirements which you know to be false.

Can I contest a Stalking Protection Order?

The answer is yes.

The Police may apply for an Interim SPO pending a full hearing if they feel immediate protection is required. You can also contest an application for an Interim SPO and you can be legally represented at each hearing.  

Will a Stalking Protection Order leave me with a criminal record?

An SPO is a Civil Order so will not appear on your record as it is not a conviction, however, the details of the Order will be held by the Police and may be disclosed on an enhanced DBS check.

Breach of an SPO is a criminal offence and therefore a conviction for this would be visible on your record.

How can Winley Ford help?

It is vital to act promptly and strategically to protect your interests. You will need to ensure you receive full disclosure from the Police and think about preparing a clear and chronological response addressing each allegation, including documentary evidence or witness statements where possible. It is important to instruct a Solicitor to help you prepare for your hearing.

For tailored legal assistance, contact Winley Ford today to discuss how we can support your legal needs. We are here to help you navigate the legal landscape with our refreshing and bespoke service.

By Lacey Harding