New rules will make it easier for police to issue court orders against stalkers
Stalkers face a police crackdown under new rules that will make it easier for officers to issue court orders to protect victims.
Statutory guidance, published on Monday, will lower the threshold for courts to grant the orders by requiring officers to show only that there is a civil rather than criminal level of proof that a stalker is harassing a victim.
Stalking protection orders bar a perpetrator from approaching, contacting or being in the same locality as their intended victim. They can last up to two years with any breach of the order carrying a maximum of five years in jail.
The criminal threshold requires police to demonstrate “beyond reasonable doubt” that a stalker is threatening his victim, whether physically, via the internet or through sending letters.
The civil level of proof only requires the police to demonstrate there has been stalking on the balance of probabilities, that it is more likely than not to have happened.
Laura Farris, the Home Office minister responsible for safeguarding, said: “Stalking is a complex form of abuse, and it can have a devastating impact on the lives of victims and their families. Sadly, it can end in the most tragic circumstances.
“We must continue to treat stalking with the utmost gravity. Having doubled the maximum sentence and introduced a new civil order to protect victims, we know there is more we must do.
“Lowering the standard of proof that must be met to grant these orders will make a big difference to how easily victims can access protection. I will continue to work closely with the police to improve how they can support victims of this disturbing crime.”
Stalking protection orders were introduced in January 2020 and protect victims by tackling the perpetrator’s behaviour before they become entrenched or more severe. Offenders’ restrictions also include having to notify police of their whereabouts or travel.
Street harassment is also being criminalised as a specific offence under the Protection from Sex-Based Harassment in Public Act 2023. The offence, which will lead to perpetrators facing up to two years in jail, will come into force from Oct 1 2024.
Emma Lingley-Clark, interim chief executive of the Suzy Lamplugh Trust, said: “We welcome announcements from government that they are updating statutory guidance on Stalking Protection Orders (SPO) to instruct police officers that they will no longer need to meet the higher criminal standard of proof threshold in order to make an application.
“We know that this requirement can act as a barrier to victims getting immediate protection when they need it the most. However, there is an urgent need to increase the use of SPOs across the country and improve understanding amongst police officers given the extremely low uptake and lack of knowledge within police forces currently.
“Every victim should have the opportunity to access an SPO when they choose to report stalking to the police.”
