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Stalking Protection Act 2019

Contents

Legal background

  1. In 2012 the Protection from Harassment Act 1997 ("the 1997 Act") was amended by the Protection of Freedoms Act 2012 to introduce two new stalking offences.
  2. The offence of stalking under section 2A of the 1997 Act is a summary offence (triable in a magistrates’ court) punishable by imprisonment for a term not exceeding six months, or a fine, or both.
  3. The offence of stalking involving fear of violence or serious alarm and distress under section 4A of the 1997 Act is an either way offence (triable in either a magistrates’ court or the Crown Court) which carries a maximum penalty of ten years’ imprisonment.
  4. In 2017 section 4A was amended by the Policing and Crime Act 2017 to increase the maximum penalty from five years’ to ten years’ imprisonment.
  5. The 1997 Act does not define stalking, but section 2A provides a (non-exhaustive) list of examples of "acts or omissions associated with stalking". These are:
    1. following a person,
    2. contacting, or attempting to contact, a person by any means,
    3. publishing any statement or other material-
      1. relating or purporting to relate to a person, or
      2. purporting to originate from a person,
    4. monitoring the use by a person of the internet, email or any other form of electronic communication,
    5. loitering in any place (whether public or private),
    6. interfering with any property in the possession of a person,
    7. watching or spying on a person.

      8. This is not an exhaustive list and each case should be considered on its circumstances.

  6. The Stalking Protection Act makes provision for the Police to apply to the Magistrates’ Court for a civil stalking protection order, without the requirement for a conviction, where it appears that a perpetrator has carried out acts associated with stalking, they pose a risk associated with stalking to another person and they believe the proposed order is necessary to protect another person from such a risk.
  7. In similar vein to the criminal stalking offences under the Protection From Harassment Act the Stalking Protection Act does not define stalking, however section 1 of the Act signposts readers to the examples of acts or omissions associated with stalking set out in section 2A of the 1997 Act.
  8. Secondary legislation will make provision for subjects of applications and orders to apply for criminal legal aid as well as making provision for Magistrates’ Courts for service of summonses and orders on those subject to applications.

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