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by Munro Research

Stalking Protection Act 2019


Official Summary

A Bill to make provision for protecting persons from risks associated with stalking; and for connected purposes.

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Overview

The Stalking Protection Bill aims to enhance protection for victims of stalking by introducing Stalking Protection Orders (SPOs). These orders, obtainable by police, can impose restrictions or requirements on stalkers to prevent further harassment, even if a criminal conviction hasn't been secured.

Description

Stalking Protection Orders (SPOs)

Police can apply to a Magistrates' Court for an SPO if a person has engaged in stalking-related acts and poses a risk to another individual. The order can prohibit specific actions or mandate certain behaviors from the stalker. SPOs last for at least two years and can be varied, renewed, or discharged by the court. Interim SPOs can be issued while an application for a full SPO is pending.

Appeals and Enforcement

Both the defendant and the police can appeal SPO decisions to the Crown Court. Breaching an SPO is a criminal offense, punishable by up to 5 years imprisonment or a fine.

Notification Requirements

Individuals subject to SPOs must notify the police of their name(s) and address within three days of the order's service and report any changes. Failure to comply is a criminal offense.

Guidance

The Secretary of State will issue guidance to police on using the powers granted by the bill.

Government Spending

The bill doesn't specify direct government spending figures. The costs will likely relate to increased police workload in obtaining and enforcing the orders and potentially increased court costs.

Groups Affected

  • Victims of stalking: Potentially benefit from enhanced protection.
  • Stalkers: Subject to restrictions and potential criminal penalties.
  • Police: Increased workload in applying for and enforcing SPOs.
  • Magistrates' Courts and Crown Courts: Increased caseload.

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