Stalking Protection Act 2019

2 Power to make orders E+W

(1) A magistrates' court may make a stalking protection order on an application under section 1(1) if satisfied that—

(a) the defendant has carried out acts associated with stalking,

(b) the defendant 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 the victim of the acts mentioned in paragraph (a)).

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

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

(a) conflict with the defendant's religious beliefs, and

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

(4) A prohibition or requirement has effect in all parts of the United Kingdom unless expressly limited to a particular locality.

(5) It does not matter—

(a) whether the acts mentioned in subsection (1)(a) were carried out in a part of the United Kingdom or elsewhere, or

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

(6) Subsection (7) applies where a magistrates' court makes a stalking protection order in relation to a defendant who is already subject to such an order (whether made by that court or another).

(7) The court may not include any prohibition or requirement in the new stalking protection order which is incompatible with a prohibition or requirement in the earlier stalking protection order.

Commencement Information

I1 S. 2 in force at 20.1.2020 by S.I. 2020/26, reg. 2