Section 8 Power to make ordersI1I2
Northern Ireland
This section applies where the Chief Constable has applied under section 7 to a court of summary jurisdiction for a stalking protection order against a person (“D”).
The court may make the order if satisfied that—
D has carried out acts associated with stalking,
D poses a risk associated with stalking to another person, and
the proposed order is necessary to protect another person from such a risk (whether or not the other person was a victim of the acts mentioned in paragraph (a)).
The court may include a prohibition or requirement in the stalking protection order only if satisfied that the prohibition or requirement is necessary to protect the other person from a risk associated with stalking.
Prohibitions or requirements must, so far as practicable, be such as to avoid—
conflict with D’s religious beliefs, and
interference with any times at which D normally works or attends an educational establishment.
The court may not include any prohibition or requirement in the order which is incompatible with a prohibition or requirement in a stalking protection order to which D is already subject (whether made by that court or another).
A prohibition or requirement, unless expressly limited to a particular locality, is to be complied with—
in all parts of the United Kingdom, and
if D resides in Northern Ireland or was resident in Northern Ireland when the application for the order was made or is a UK national, also everywhere outside the United Kingdom.
It does not matter—
whether the acts mentioned in subsection (2)(a) were carried out in a part of the United Kingdom or elsewhere, or
whether they were carried out before or after the coming into operation of this section.
Annotations
Commencement
- I1
S. 8 not in operation at Royal Assent, see s. 22(2)
- I2
S. 8 in operation at 19.10.2023 by S.R. 2023/174, art. 2