Stalking protection orders

Power to make orders
2
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.
S. 2 in force at 20.1.2020 by S.I. 2020/26, reg. 2