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Stalking Protection Orders in the UK: Legal Guide and Defence
Advice
Introduction
Stalking allegations are taken extremely seriously by the police and courts in England and Wales. In recent years, new powers have been introduced allowing the authorities to impose restrictions on individuals suspected of stalking even before a criminal conviction.
One of the most significant developments in this area of law is the Stalking Protection Order (SPO). These court orders are designed to prevent behaviour linked to stalking and protect individuals considered to be at risk.
If you are accused of stalking or are subject to an application for a stalking protection order, it is important to understand how the law works and what consequences may follow.
What Is a Stalking Protection Order?
A stalking protection order is a civil order made by a magistrates’ court to restrict behaviour associated with stalking.
The orders were introduced under the Stalking Protection Act 2019, which came into force in January 2020.
The purpose of the legislation is to allow earlier intervention in stalking cases before behaviour escalates or a criminal prosecution is completed.
An SPO can be imposed where:
- a person has carried out acts associated with stalking, and
- there is a risk that the individual will pose a risk of stalking to another person.
Unlike a criminal conviction, the order itself is preventative. However, breaching the order becomes a criminal offence.
Stalking behaviour may include:
- Repeated unwanted communication
- Monitoring or following someone
- Sending unwanted gifts or messages
- Interfering with property
- Watching or spying on a person
Many stalking cases arise within the framework of harassment law under the Protection from Harassment Act 1997, which criminalises a course of conduct amounting to harassment or stalking
When Can the Police Apply for a Stalking Protection Order?
Only the police can apply for a stalking protection order.
Applications are made to the magistrates’ court, usually where the suspected behaviour occurred.
The police must demonstrate two key points:
- The individual has carried out acts associated with stalking.
- The order is necessary to protect another person from the risk of stalking.
Importantly, a stalking protection order does not require a criminal conviction. Police may apply for one while an investigation is ongoing or even where criminal charges have not been brought.
This means that individuals can face significant restrictions on their behaviour even before any criminal trial.
Interim Stalking Protection Orders
In urgent situations, the court may impose an interim stalking protection order.
This is a temporary order imposed before the full hearing of the police application.
Interim orders allow the court to impose immediate restrictions if there is evidence of potential risk.
These orders remain in force until the final hearing determines whether a full stalking protection order should be granted.
What Conditions Can a Stalking Protection Order Include?
A stalking protection order can impose a wide range of restrictions on an individual’s behaviour.
Common conditions may include:
- Prohibiting contact with a named individual
- Banning entry to specific locations
- Restricting use of social media or online messaging
- Prohibiting surveillance or monitoring
- Preventing attendance at certain addresses or workplaces
In some cases, orders may also include positive requirements, such as requiring an individual to attend behavioural intervention programmes.
The court must ensure that the restrictions imposed are necessary and proportionate to manage the risk presented.
How Long Does a Stalking Protection Order Last?
If the court grants a full stalking protection order, it must last for a minimum of two years.
However, the court can impose an order for a longer period if considered necessary.
Conditions within the order can also be varied or discharged later if circumstances change.
What Happens If You Breach a Stalking Protection Order?
Breaching a stalking protection order is a criminal offence.
If the police believe an order has been breached, they may arrest the individual and initiate criminal proceedings.
The offence can be tried in either the magistrates’ court or the Crown Court depending on the seriousness of the alleged breach.
The maximum penalty for breaching an SPO is:
- up to five years’ imprisonment,
- a fine, or
- both.
Because of these consequences, allegations of breach should always be taken extremely seriously.
Stalking Protection Orders vs Restraining Orders
Many people confuse stalking protection orders with restraining orders.
While both restrict behaviour, they arise in different legal circumstances.
Stalking Protection Orders
- Applied for by police
- Preventative
- Can be imposed without a conviction
- Designed specifically to address stalking behaviour
Restraining Orders
Because of these consequences, allegations of breach should always be taken extremely seriously.
- Imposed by a criminal court after proceedings
- Often made following a conviction for harassment or stalking
- Can also be imposed following an acquittal if necessary to protect a victim.
Both types of order can impose significant restrictions and criminal penalties for breach.
Can a Stalking Protection Order Be Challenged?
Yes. A person subject to an application for a stalking protection order has the right to challenge it in court.
Possible grounds for challenge may include:
- Disputing the alleged stalking behaviour
- Arguing the order is unnecessary
- Challenging the proportionality of restrictions
- Demonstrating lack of evidence of risk
Legal representation is extremely important during these proceedings. The outcome can have serious consequences for personal freedom, employment and reputation.
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How a Criminal Defence Solicitor Can Help?
Applications for stalking protection orders often arise in complex and emotionally charged situations.
Early legal advice can help individuals:
- Understand the allegations being made
- Respond effectively to police investigations
- Challenge unnecessary or disproportionate restrictions
- Represent their position in court proceedings
Experienced criminal defence solicitors can assess the evidence, advise on legal options and represent clients throughout the process.
Speak to a Criminal Defence Solicitor
If you are facing allegations of stalking or have been notified that police intend to apply for a stalking protection order, it is important to seek legal advice promptly.
Early representation can help protect your legal position and ensure that your case is presented effectively before the court.
Contact our criminal defence team to discuss your situation and obtain specialist legal advice.
5 Key Takeaways
- Stalking protection orders were introduced by the Stalking Protection Act 2019.
- Police can apply to the magistrates’ court for an order if they believe someone poses a risk associated with stalking.
- Orders can impose restrictions such as contact bans or exclusion zones.
- An interim order can be imposed before a full court hearing.
- Breaching a stalking protection order is a criminal offence punishable by imprisonment.
Frequently Asked Questions
A stalking protection order is a court order introduced by the Stalking Protection Act 2019 that restricts behaviour associated with stalking to protect individuals from risk.
Only the police can apply for a stalking protection order to the magistrates’ court.
A full stalking protection order must last for at least two years, although courts can impose longer durations.
Yes. Breaching the order is a criminal offence punishable by up to five years’ imprisonment.
Yes. The order can be imposed even if the individual has not been convicted of a criminal offence.
Restrictions may include contact bans, location exclusions, online communication restrictions and behavioural requirements.
Yes. Individuals can challenge or appeal the order through the courts.
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