Crime and Policing Act 2026

Prospective

Part 6 E+W+N.I. Stalking

128 Stalking protection orders on acquittal etc E+W

(1) The Stalking Protection Act 2019 is amended as follows.

(2) Before section 1 (but after the italic heading before that section) insert—

“A1 Meaning of “stalking protection order”

(1) In this Act “stalking protection order” means an order under this Act which, for the purpose of preventing a person from carrying out acts associated with stalking—

(a) prohibits the person from doing anything described in the order;

(b) requires the person to do anything described in the order.

(2) See section 2A of the Protection from Harassment Act 1997 for examples of acts associated with stalking.

(3) This Act provides for the making of a stalking protection order—

(a) on an application under section 1(1) (see section 2), or

(b) where a person is acquitted of an offence, successfully appeals against a conviction for an offence or is dealt with in respect of certain findings (see section 2A).

(4) See also Chapter 3A of Part 11 of the Sentencing Code (stalking protection orders on conviction).”

(3) In section 1 (applications for orders)—

(a) in subsection (1), in the words before paragraph (a), for “an order (a “stalking protection order”)” substitute “a stalking protection order”;

(b) omit subsection (2);

(c) omit subsection (6).

(4) In section 2 (power to make orders)—

(a) in the heading, at the end insert “on application”;

(b) in subsection (1), after “satisfied” insert “on the balance of probabilities”;

(c) in subsection (2), after “satisfied” insert “on the balance of probabilities”.

(5) After section 2 insert—

“2A Power to make orders on acquittal etc

(1) This section applies where—

(a) a defendant is acquitted of any offence by or before a court,

(b) a court allows a defendant’s appeal against a conviction for any offence, or

(c) a court deals with a defendant in respect of a finding that—

(i) the defendant is not guilty of any offence by reason of insanity, or

(ii) the defendant is under a disability and has done the act charged against the defendant in respect of any offence.

(2) The court may make a stalking protection order under this section in respect of the defendant if satisfied on the balance of probabilities of the matters mentioned in paragraphs (a) to (c) of section 2(1).

(3) Section 1(4) applies for the purposes of this section.

(4) Section 2(2) to (7) apply for the purposes of this section (references to a magistrates’ court being read as references to the court).”

(6) In section 4 (variations, renewals and discharges)—

(a) in subsection (1), for “a magistrates’” substitute “an appropriate”;

(b) in subsection (4)—

(i) in paragraph (a), after “satisfied” insert “on the balance of probabilities”;

(ii) in paragraph (b), for sub-paragraphs (i) and (ii) substitute—

“(i) where the application was made by a chief officer of police, that chief officer;

(ii) where the application was made by the defendant and relates to a stalking protection order made under section 2, the chief officer of police who applied for the order and (if different) the chief officer of police for the area in which the defendant resides, if that area is in England or Wales;

(iii) where the application was made by the defendant and relates to a stalking protection order made under section 2A, the chief officer of police for the area in which the defendant resides, if that area is in England or Wales.”;

(c) after that subsection insert—

“(5) In subsection (1) “appropriate court” means—

(a) where the stalking protection order was made by a court other than a youth court—

(i) the court that made the order, or

(ii) if the order was made by a magistrates’ court, any other magistrates’ court acting in the local justice area in which that court acts;

(b) where the stalking protection order was made by a youth court—

(i) if the defendant is under the age of 18 at the time the application is made, the youth court that made the order, or any other youth court acting in the local justice area in which that court acts;

(ii) if the defendant is aged 18 or over at the time the application is made, any magistrates’ court acting in the local justice area in which the youth court that made the order acts.

(6) For the purposes of this section, a stalking protection order made in the circumstances mentioned in section 2A(1)(b) is to be treated as an order made by the court by or before which the defendant was convicted.”

(7) In section 7 (appeals)—

(a) in subsection (1)(a) after “order” insert “by a magistrates’ court, a youth court or the Crown Court”;

(b) in subsections (1), (2) and (3) omit “to the Crown Court”;

(c) after subsection (3) insert—

“(3A) An appeal under subsection (1), (2) or (3) is to be made—

(a) where the appeal is against a decision of the Crown Court, to the Court of Appeal;

(b) in any other case, to the Crown Court.

(3B) An appeal under subsection (1), (2) or (3) to the Court of Appeal may be made only with the permission of that court.”;

(d) in subsection (4) for “the Crown Court” substitute “the court”;

(e) after that subsection insert—

“(5) For the purposes of section 4 (variations, renewals and discharges)—

(a) a stalking protection order that has been confirmed, varied or renewed on an appeal under this section remains an order of the court that first made it;

(b) a stalking protection order made by a court on an appeal under this section is to be treated as an order made by the court whose decision was appealed against.”

(8) In section 10 (method of notification and related matters), in subsection (2)(a) omit “magistrates’”.

(9) In section 13 (procedure) after subsection (2) insert—

“(3) An application to the Crown Court under any provision of this Act is to be made in accordance with rules of court.”

(10) In section 14 (interpretation)—

(a) for the definition of “defendant” substitute—

• ““defendant”—

  (a)

  in relation to a stalking protection order under section 2, has the meaning given by section 1(1);

  (b)

  in relation to a stalking protection order under section 2A, has the same meaning as in that section;”;

(b) in the definition of “local police area”, in paragraph (c), omit “magistrates’”;

(c) in the definition of “stalking protection order”, for “section 1(1)” substitute “section A1(1)”.

Commencement Information

I1 S. 128 not in force at Royal Assent, see s. 255(1)

129 Stalking protection orders on conviction E+W

(1) In Part 11 of the Sentencing Code (behaviour orders), after Chapter 3 insert—

“Chapter 3A E+W Stalking protection orders

364A Stalking protection order

(1) In this Chapter “stalking protection order” means an order under section 364B which, for the purpose of preventing the person from carrying out acts associated with stalking—

(a) prohibits the person from doing anything described in the order;

(b) requires the person to do anything described in the order.

(2) See section 2A of the Protection from Harassment Act 1997 for examples of acts associated with stalking.

(3) A stalking protection order has effect—

(a) for a fixed period specified in the order, or

(b) until further order.

(4) Where a fixed period is specified it must be a period of at least two years beginning with the day on which the order is made.

(5) A stalking protection order may specify periods for which particular prohibitions or requirements have effect.

(6) In this Chapter, “acts” includes omissions.

364B Power to make stalking protection order

(1) This section applies where a court is dealing with an offender for an offence.

(2) The court may make a stalking protection order in respect of the offender if satisfied on the balance of probabilities that—

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

(b) the offender poses a risk associated with stalking to any person (whether or not that person was the victim of the acts mentioned in paragraph (a)), and

(c) the proposed order is necessary to protect that person from such a risk.

(3) A court may include a prohibition or requirement in a stalking protection order only if satisfied on the balance of probabilities that the prohibition or requirement is necessary to protect a person mentioned in subsection (2)(b) from a risk associated with stalking.

(4) It does not matter—

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

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

(5) A risk associated with stalking—

(a) may be in respect of physical or psychological harm to the person concerned;

(b) may arise from acts which the offender knows or ought to know are unwelcome to the person concerned even if, in other circumstances, the acts would appear harmless in themselves.

364C Prohibitions and requirements included in orders

(1) Prohibitions or requirements included in a stalking protection order must, so far as practicable, be such as to avoid—

(a) any conflict with any religious beliefs of the offender, and

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

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

(3) Subsection (4) applies where a court makes a stalking protection order in relation to an offender who is already subject to such an order (whether made by that court or another).

(4) 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.

364D Variations, renewal or discharges of stalking protection order

(1) The offender or a relevant chief officer of police may apply to an appropriate court for an order varying, renewing or discharging a stalking protection order.

(2) Before making a decision on an application under subsection (1), the court must hear—

(a) the offender, and

(b) any relevant chief officer of police who wants to be heard.

(3) On an application under subsection (1) the court may make any order varying, renewing or discharging the stalking protection order that the court considers appropriate.

(4) But the court may not—

(a) in renewing or varying an order, impose an additional prohibition or requirement unless satisfied on the balance of probabilities that it is necessary to do so in order to protect a person from a risk associated with stalking;

(b) discharge an order before the end of two years beginning with the day on which the order was made without the consent of the offender and—

(i) where the application was made by a chief officer of police, that chief officer;

(ii) in any other case, the chief officer of police for the area in which the offender resides, if that area is in England or Wales.

(5) In this section—

• “appropriate court”, in relation to an application to vary, renew or discharge a stalking protection order, means—

  (a)

  where the order was made by a magistrates’ court, any other magistrates’ court acting in the local justice area in which that court acts;

  (b)

  where the order was made by a youth court—

  (i)

  if the defendant is under the age of 18 at the time the application is made, the youth court that made the order, or any other youth court acting in the local justice area in which that court acts;

  (ii)

  if the defendant is aged 18 or over at the time the application is made, any magistrates’ court acting in the local justice area in which the youth court that made the order acts;

  (c)

  where the order was made by any other court, the Crown Court;

• “relevant chief officer of police” means—

  (a)

  the chief officer of police for the area in which the offender resides, or

  (b)

  any chief officer of police who believes that the offender is in, or is intending to come to, that chief officer’s police area;

• “risk associated with stalking” is to be read in accordance with section 364B(5).

364E Content of orders

A stalking protection order must specify—

(a) the date on which the order is made;

(b) whether it has effect for a fixed period and, if it does, the length of that period;

(c) each prohibition or requirement that applies to the offender;

(d) whether any prohibition or requirement is expressly limited to a particular locality and, if it is, what the locality is;

(e) whether any prohibition or requirement is subject to a fixed period which differs from the period for which the order has effect and, if it is, what that period is.

364F Appeals

(1) An appeal against the making of a stalking protection order may be brought by the offender as if the order were a sentence passed on the offender for an offence.

(2) Where an application is made under section 364D for an order varying, renewing or discharging a stalking protection order—

(a) the person who made the application may appeal against a refusal to make an order under that section;

(b) the offender may appeal against the making of an order under section 364D on an application by a chief officer of police;

(c) a relevant chief officer of police may appeal against the making of an order under section 364D on an application by the offender.

(3) An appeal under subsection (2) is to be made—

(a) to the Court of Appeal if the application under section 364D was made to the Crown Court;

(b) to the Crown Court in any other case.

(4) An appeal under subsection (2) to the Court of Appeal may be made only with the permission of that court.

(5) On an appeal under this section, the court may make—

(a) such orders as may be necessary to give effect to its determination of the appeal, and

(b) such incidental or consequential orders as appear to it to be appropriate.

(6) A stalking protection order that has been confirmed, varied or renewed on an appeal remains an order of the court that first made it.

(7) In this section, “relevant chief officer of police” has the same meaning as in section 364D.

364G Offence of breaching stalking protection order

(1) A person who, without reasonable excuse, breaches a stalking protection order commits an offence.

(2) A person who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both, or

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years, or a fine, or both.

(3) If a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make an order under section 80 (conditional discharge).

(4) In proceedings for an offence under this section, a copy of the original stalking protection order, certified by the designated officer for the court which made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those things is admissible in those proceedings.

364H Notification requirements

For provision imposing notification requirements on a person subject to a stalking protection order, see the following provisions of the Stalking Protection Act 2019—

(a) section 9 (notification requirements);

(b) section 10 (method of notification and related matters);

(c) section 11 (offences relating to notification).”

(2) In section 80(3) of the Sentencing Code (list of circumstances where an order for conditional discharge is not available)—

(a) after paragraph (ca) (inserted by paragraph 28 of Schedule 1) insert—

“(cb) section 8(4) of the Stalking Protection Act 2019 (breach of stalking protection order);”;

(b) after paragraph (ea) (inserted by paragraph 2 of Schedule 6) insert—

“(eb) section 364G(3) (breach of stalking protection order);”.

(3) In the Stalking Protection Act 2019—

(a) in section 9 (notification requirements), at the end insert—

“(8) In this section, references to a stalking protection order include an order under section 364B of the Sentencing Code (power to make stalking protection orders on conviction).”;

(b) in section 10 (method of notification and related matters), after subsection (3) insert—

“(3A) In subsection (2), the reference to a stalking protection order includes an order under section 364B of the Sentencing Code (power to make stalking protection orders on conviction).”

Commencement Information

I2 S. 129 not in force at Royal Assent, see s. 255(1)

130 Stalking protection orders: Northern Ireland N.I.

(1) The Protection from Stalking Act (Northern Ireland) 2022 (c. 17 (N.I.)) is amended as follows.

(2) In section 6 (meaning of act associated with stalking and risk associated with stalking), in subsection (1) for “7” substitute “6A”.

(3) After section 6 insert—

“6A. Meaning of “stalking protection order”

(1) In this Act “stalking protection order” means an order under this Act which, for the purpose of preventing a person from carrying out acts associated with stalking—

(a) prohibits the person from doing anything described in the order, or

(b) requires the person to do anything described in the order.

(2) This Act provides for the making of a stalking protection order—

(a) on an application under section 7, or

(b) where a person is acquitted of an offence, successfully appeals against a conviction for an offence, is dealt with in respect of certain findings or is convicted of an offence (see section 8(1)).”

(4) In section 7 (applications for orders) omit subsection (1).

(5) In section 8 (power to make orders)—

(a) for subsection (1) substitute—

“(1) This section applies in respect of a person (“D”) where—

(a) the Chief Constable has applied under section 7 to a court of summary jurisdiction for a stalking protection order against D,

(b) D is acquitted of an offence by or before a court,

(c) a court allows D’s appeal against a conviction for an offence,

(d) a court deals with D in respect of a finding that—

(i) D is not guilty of an offence by reason of insanity, or

(ii) D is under a disability and has done the act charged against D in respect of an offence, or

(e) D has been convicted of an offence and a court deals with D for the offence.”;

(b) in subsection (2), in the words before paragraph (a)—

(i) for “the order” substitute “a stalking protection order”;

(ii) after “satisfied” insert “on the balance of probabilities”;

(c) in subsection (3), after “satisfied” insert “on the balance of probabilities”.

(6) In section 10 (variations, renewals and discharges)—

(a) in subsection (1), for “a court of summary jurisdiction” substitute “an appropriate court”;

(b) in subsection (3)(a), after “satisfied” insert “on the balance of probabilities”;

(c) after subsection (3) insert—

“(4) In subsection (1) “appropriate court” means—

(a) where the stalking protection order was made by a court of summary jurisdiction other than a youth court, a court of summary jurisdiction which is not a youth court;

(b) where the stalking protection order was made by a youth court—

(i) if the defendant is under the age of 18 when the application for variation, renewal or discharge is made, a youth court;

(ii) if the defendant is aged 18 or over at the time the application for variation, renewal or discharge is made, a court of summary jurisdiction which is not a youth court;

(c) where the stalking protection order was made by any other court, the Crown Court.

(5) For the purposes of subsection (4)—

(a) a stalking protection order made by a court on an appeal is to be treated as made by the court whose decision was appealed against;

(b) a stalking protection order that is confirmed, varied or renewed on an appeal remains an order of the court that first made it (or, if it was made on an appeal, the court that is treated as having made it under paragraph (a)).”

(7) In section 11 (interim stalking protection orders), in subsection (2), after “application” in the first place it occurs insert “under section 7”.

(8) In section 12 (procedure)—

(a) after subsection (3) insert—

“(3A) An application to the Crown Court under section 10 is to be made in accordance with Crown Court rules.”;

(b) in subsection (5) omit “10 or”.

(9) After section 12 insert—

“12A. Appeals

(1) Where a stalking protection order is made in the circumstances mentioned in section 8(1)(b), (c) or (d), D may appeal against the making of the order as if—

(a) D had been convicted of the offence and,

(b) the order were a sentence passed on D for the offence by the court which made the order,

(if an appeal would lie against such a sentence).

(2) Where a stalking protection order is made in the circumstances mentioned in section 8(1)(e), D may appeal against the making of the order as if the order were a sentence passed on D for the offence by the court which made the order (if an appeal would lie against such a sentence).

(3) The following may appeal against a decision under section 10 made by the Crown Court—

(a) the person against whom the stalking protection order in question was made;

(b) the Chief Constable.

(4) An appeal under subsection (3) is to be made to the Court of Appeal, and may be made only with the permission of that court.

(5) On an appeal under this section, the court may make—

(a) such orders as may be necessary to give effect to its determination of the appeal, and

(b) such incidental or consequential orders as appear to it to be appropriate.

(6) For appeals against decisions of a court of summary jurisdiction on an application under section 7, 10 or 11, see Article 143 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (appeal to county court against proceedings on complaint).”

(10) In section 21 (interpretation)—

(a) in the definition of “stalking protection order”, for “section 7(1)” substitute “section 6A(1)”;

(b) at the end insert—

• ““youth court” has the meaning given by section 12.”

(11) In section 20(3) (report on the operation of Act)—

(a) in paragraph (b) omit “and the number of orders made under section 8”;

(b) after paragraph (b) insert—

“(ba) the number of stalking protection orders made under each paragraph of section 8(1);”.

Commencement Information

I3 S. 130 not in force at Royal Assent, see s. 255(8)(j)

131 Guidance about stalking E+W

In the Protection from Harassment Act 1997, after section 7 insert—

“7A Guidance about stalking

(1) The Secretary of State must issue guidance to such public authorities in England and Wales as the Secretary of State considers appropriate about—

(a) the effect of any of sections 2A, 2B, 4A, 4B and 7,

(b) the effect of any provision of the Stalking Protection Act 2019,

(c) the effect of any provision of Chapter 3A of Part 11 of the Sentencing Code (stalking protection orders), or

(d) other matters relating to stalking.

(2) The Secretary of State may revise any guidance issued under this section.

(3) Before issuing any guidance or revisions under this section the Secretary of State must consult such persons as the Secretary of State considers appropriate.

This does not apply to revisions the Secretary of State considers are not substantial.

(4) The Secretary of State must publish any guidance or revisions issued under this section.

(5) A public authority to whom guidance is given under this section must have regard to it in the exercise of the authority’s public functions.

(6) In this section, “public authority” means any person exercising public functions, other than a court or tribunal.”

Commencement Information

I4 S. 131 not in force at Royal Assent, see s. 255(1)

132 Guidance about the disclosure of information by police forces E+W

In the Stalking Protection Act 2019—

(a) in section 12, in the heading, at the end insert “about police functions under this Act”;

(b) after section 12, insert—

“12A Guidance about the disclosure of information by police forces

(1) The Secretary of State may—

(a) issue guidance to chief officers of police about the disclosure of police information for the purpose of protecting persons from risks associated with stalking;

(b) revise any guidance issued under this section.

(2) A chief officer of police must have regard to any guidance issued under this section.

(3) Before issuing any guidance or revisions under this section, the Secretary of State must consult—

(a) the National Police Chiefs’ Council, and

(b) such other persons as the Secretary of State considers appropriate.

This does not apply to revisions the Secretary of State considers are not substantial.

(4) The Secretary of State must publish any guidance or revisions issued under this section.

(5) “Police information” means any information held by a police force.”

Commencement Information

I5 S. 132 not in force at Royal Assent, see s. 255(1)

133 Guidance about disclosure of information by police: Northern Ireland N.I.

In the Protection from Stalking Act (Northern Ireland) 2022 (c. 17 (N.I.)), in section 17—

(a) in subsection (2) for “this section” substitute “subsection (1)”;

(b) after subsection (2) insert—

“(2A) The Department must issue guidance to the Chief Constable about the disclosure of police information for the purpose of protecting persons from risks associated with stalking.

(2B) The Chief Constable must have regard to guidance issued under subsection (2A).”;

(c) in subsection (3) for “subsection (1)” substitute “this section”.

Commencement Information

I6 S. 133 not in force at Royal Assent, see s. 255(8)(j)