OpenLegislation

Section 128 Stalking protection orders on acquittal etcI1

England and Wales Not yet in force

(1)

The Stalking Protection Act 2019 is amended as follows.

(2)

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

“Meaning of “stalking protection order”

A1
(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—

“Power to make orders on acquittal etc

2A
(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”—

    1. (a)

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

    2. (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)”.

Annotations

Commencement

I1

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