Protection from Harassment Act 1997
In 2012, the Protection from Harassment Act 1997 was amended to identify stalking as a criminal offence. Stalking is a crime and holds up to a ten year prison sentence.
Stalking Protection Order
The Stalking Protection Act 2019 introduced Stalking Protection Orders (SPO). An SPO is a civil order, however, breach of an SPO is a criminal offence that can result in prison time and/or a fine. SPOs are used to prevent a perpetrator from carrying out acts associated with stalking, it:
(a) prohibits the perpetrator from doing anything described in the order. An example of this could be preventing the perpetrator from attending locations they know the victim is likely to be.
(b) requires the perpetrator to do anything described in the order. An example of this could be to positively engage with an intervention programme specifically designed to address their stalking behaviour.
A victim does not have to be supportive of a criminal prosecution to gain an SPO. The purpose of an SPO is to protect the victim from further incidents of stalking.
Recent updates to legislation
The Home Office has strengthened stalking protection orders, victims will be given more protection from offenders by making Stalking Protection Orders more widely available – these orders can ban stalkers from going within a certain distance of their victims or contacting them, and can also compel them to attend a perpetrator programme to address the root causes of their behaviour. Strengthening stalking protection orders ensures stalkers face real consequences and are banned from contacting victims, even from prison.
Currently, Stalking Protection Orders can only be made by the courts if the police apply for them. Under new measures, courts will be given the power to impose Stalking Protection Orders directly at conviction – or even on acquittal if there is enough evidence to suggest that they are still a risk to the victim.
Non-Molestation Order
A Non-Molestation Order (also referred to as a Non-Mol) is a court order to protect a victim and their children from being harmed/threatened by an abuser, such as a partner/ex-partner, close family member, or someone they live with/have lived with. Learn more about who can apply for a Non-Molestation Order. If the abuser breaches this order they can be arrested.
Online Safety Act 2023
The Online Safety Act 2023 makes it a criminal offence to use social media or online messaging platforms to send threats.
If you are affected by stalking, there is help available from your local domestic abuse service Essex Compass, call 0330 333 7 444.