Section 6 to 17 – Stalking Protection Orders
Section 10 - Variations, discharges and renewals
This section sets out how a stalking protection order may be varied, renewed or discharged and who may apply for these measures.
An order may be varied, renewed or discharged on application to a court of summary jurisdiction by either the Chief Constable or the defendant who is subject to the order.
Variations - Subsection (3) (a) sets out that the court may not impose additional prohibitions or requirements on the defendant unless they are necessary in order to protect a person from the risk of stalking.
Renewals - A scenario in which the police may apply to renew an order is if the duration of the order is about to expire and they are satisfied that the renewal of the order is necessary to continue to protect the victim from risk of stalking.
A scenario in which the police or the defendant may apply to vary an order is if the person being protected moves house or gets a new job and therefore the terms of the order need to be amended in order to reflect the new locations or defined areas which the defendant is prohibited from entering. Another scenario could be if the defendant’s stalking behaviour changes and it becomes necessary to amend the terms of the order to continue to protect the victim from harm.
Discharge - A scenario in which the police or the defendant may apply to discharge an order before it expires is if they are satisfied that the order is no longer necessary to protect the victim from risk of stalking. A scenario in which the defendant may not consent for the order to be discharged is if they still consider themselves to pose a risk of stalking to the other person.
