More than 1 in 5 women and almost 1 in
10 men aged 16 to 59 have been victims of stalking since the age of 16. Between
2017 and 2018 there were 1,616 prosecutions for stalking offences, with 73%
related to domestic abuse (the Crime Survey for England and Wales).
On 20th January
2020 the Stalking Protection Act 2019 introduced Stalking Protection Orders. A
Stalking Protection Order is an Order to prevent a person from carrying out
acts associated with stalking (including domestic stalking).
The Police can
apply for a Stalking Protection Order to the Magistrates Court and interim
Stalking Protection Orders can be made by the Court to protect victims deemed
at immediate risk of harm until there has been determination of the “full”
Stalking Protection Order.
The Police
should consider applying for an Order for a victim where it appears a person
has carried out acts associated with stalking, the person poses a risk of
stalking to another and there is reasonable cause to believe the proposed
Order is necessary to protect the victim from that risk.
A prior
conviction for stalking is not required for the Police to apply for such Order
and an application can be made even if a prosecution is not pursued by the
Police.
There is no
need for the victim to have reported stalking so long as it is considered there
is a risk of harm.
The Police can
request that prohibitions (such as the person entering certain locations or defined
areas where the victim resides or frequently visits) and/or requirements (e.g.
to attend an appropriate programme or receive treatment) are included within
the Order to protect the victim from the risk of stalking. However, the final
decision as to the terms of the Order is made by the Magistrates.
It is a
criminal offence to breach a Stalking Protection Order.
The victim may
be able to apply for other protective orders in addition (such as a
Non-Molestation Order) depending on the victim’s circumstances.
If you require
any advice or assistance in relation to domestic abuse, please contact our
Family team here at Ramsdens. The team will provide the reassurance and help
you may need and can connect you with a number of different support agencies in
the local area.
If you would
like to speak with a member of our Family team, please call us on 08000 147720,
or send us an email to book a free information session at any of our offices
across Yorkshire.