Having received Royal Assent on the 15th March 2019, The Stalking Protection Act 2019 (‘the Act’) deals with the making of a ‘Stalking Protection Order’ (an Order’) which can be applied for upon complaint to a Magistrates’ Court by a Chief Officer of Police.
Sukhdip Randhawa of Kangs Solicitors outlines features of the Act.
The Operation Of An Order | Kangs Stalking Order Advisory Solicitors
An Order either prohibits the Defendant from acting as specified, or requires him to do anything ordered.
The Police can apply for an Order if it appears to the Chief Officer that the Defendant:
- has carried out acts associated with stalking,
- poses ‘a risk associated with stalking’ to another person, and
- that there is reasonable cause to believe an Order is necessary to protect that other person from such a risk.
A ‘risk associated with stalking’ may be physical or psychological harm, and may arise from acts which the Defendant knows or ought to know are unwelcome to the other person, even if in other circumstances the acts would appear harmless in themselves.
Powers To Make Orders | Kangs Criminal Law Advisory Team
A Magistrates’ Court may make an Order if satisfied that the criteria set out above are satisfied and an Order is necessary to protect another person.
Duration Of Orders | Kangs Criminal Defence Solicitors
An Order can be made for a fixed term of at least two years, a specified period or until further order.
Variations Renewals And Discharges | Kangs Court Applications Team
A Defendant or a relevant Chief Officer of the Police may apply to a Magistrates’ Court for a variation of an Order. However, the Court may not discharge an Order before the end of two years.
Appeals | Kangs Criminal Appeal Solicitors
A Defendant may appeal to the Crown Court against the making of an Order, an Interim Stalking Protection Order, an Order to renew or discharge or the refusal to make an Order which he has applied for.
Sentences | Kangs Sentencing Solicitors
A Defendant guilty of an offence is liable:
- on summary conviction to imprisonment to a term not exceeding six months, a fine or both, or
- on indictment to a term of imprisonment not exceeding five years or a fine or both.
Notification Requirements | Kangs Criminal Defence Team
A person made subject to an Order or an Interim Order must, within three days from the service of the Order, notify the Police of their details including where they reside and any subsequent changes of home address. Failure to comply can lead to imprisonment of up to five years on indictment.
Who Can I Contact For Help? | Kangs National Criminal Defence Solicitors
We provide a national service from our offices in Birmingham, London and Manchester.
Please feel free to contact our team through our specialist solicitors below who will be happy to offer you expert advice.