Stalking Protection Orders
Stalking Protection Orders (SPOs) came into force on the 20th January 2020. A Stalking Protection Order (SPO) is a civil order, the aim of which is to protect victims of stalking. It must be applied for by the police and is free of charge for the victim. The breach of an SPO is a criminal offence.
A Stalking Protection Order is prohibitive. This means that the order can prevent the perpetrator from undertaking certain activities, such as:
- entering certain locations or defined areas where the victim lives or visits often
- contacting the victim by any means, including via telephone, post, email, SMS text message or social media
- contacting the victim through a third party.
A Stalking Protection Order also has positive requirements. This means that the perpetrator may be ordered to carry out certain requirements such as:
- attend an intervention programme, such as the Multi- Agency Stalking Programme (MASIP)
- undergo a mental health assessment
- undertake a drugs and alcohol rehabilitation programme
- surrender their devices (e.g. laptop, mobile)
- provide the police with access to social media accounts, mobile phones, computers, tablets and passwords/codes
- sign on at a police station
Police officers should use these sections as creatively as possible to tailor the SPO to the case at hand, in order to best protect the victim.
Frequently Asked Questions
Can I apply for an SPO?
No, an SPO application can only be made by the police. The police should consider applying for an order where it appears that:
- The suspect has carried out acts associated with stalking
- The suspect poses a risk of stalking someone
- There is reasonable cause to believe the proposed order
How long does an SPO last?
An SPO lasts for a fixed period (of at least two years from the date of the order) will be specified in the order or until a further order is made.
Different time periods may be specified in relation to different prohibitions or requirements.
What if the perpetrator breaches the SPO?
A person who breaches an SPO or an interim SPO without reasonable excuse commits a criminal offence.
The police will investigate a breach of the order as the victim may not be aware of the full extent of the breach and/or the stalking.
An application for an SPO may itself also be a trigger for escalation by the stalker.