Protection from Stalking Act (Northern Ireland) 2022

Power to make orders

8.—(1) This section applies where the Chief Constable has applied under section 7 to a court of summary jurisdiction for a stalking protection order against a person (“ D”).

(2) The court may make the order if satisfied that—

(a) D has carried out acts associated with stalking,

(b) D poses a risk associated with stalking to another person, and

(c) the proposed order is necessary to protect another person from such a risk (whether or not the other person was a victim of the acts mentioned in paragraph (a)).

(3) The court may include a prohibition or requirement in the stalking protection order only if satisfied that the prohibition or requirement is necessary to protect the other person from a risk associated with stalking.

(4) Prohibitions or requirements must, so far as practicable, be such as to avoid—

(a) conflict with D’s religious beliefs, and

(b) interference with any times at which D normally works or attends an educational establishment.

(5) The court may not include any prohibition or requirement in the order which is incompatible with a prohibition or requirement in a stalking protection order to which D is already subject (whether made by that court or another).

(6) A prohibition or requirement, unless expressly limited to a particular locality, is to be complied with—

(a) in all parts of the United Kingdom, and

(b) if D resides in Northern Ireland or was resident in Northern Ireland when the application for the order was made or is a UK national, also everywhere outside the United Kingdom.

(7) It does not matter—

(a) whether the acts mentioned in subsection (2)(a) were carried out in a part of the United Kingdom or elsewhere, or

(b) whether they were carried out before or after the coming into operation of this section.