Legalize / United Kingdom / Northern Ireland / Act of the Northern Ireland Assembly

Protection from Stalking Act (Northern Ireland) 2022

Type Act of the Northern Ireland Assembly

Publication 2022-04-26

State In force

Jurisdiction Northern Ireland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Offences

Offence of stalking

1

(1) A person (“A”) commits an offence (in this Act referred to as the offence of stalking) where—

(a) A engages in a course of conduct,

(b) A’s course of conduct—

(i) causes another person (“B”) to suffer fear, alarm or substantial distress, or

(ii) is such that a reasonable person, or a reasonable person who has any particular knowledge of B that A has, would consider to be likely to cause B to suffer fear, alarm or substantial distress, and

(2) The further conditions are—

(a) that A engages in the course of conduct with the intention of causing B to suffer fear, alarm or substantial distress;

(b) that A knows, or ought in all the circumstances to have known, that engaging in the course of conduct would be likely to cause B to suffer fear, alarm or substantial distress.

(3) If—

(a) A is a UK national or is habitually resident in Northern Ireland, and

(b) A’s course of conduct consists of or includes conduct occurring in a country, or territory, outside the United Kingdom,

the course of conduct is to be treated for the purposes of this section as if it occurred in Northern Ireland.

(4) In subsections (1) to (3) and this subsection—

“conduct” means— following B or any other person, contacting, or attempting to contact, B or any other person by any means, publishing any statement or other material— relating or purporting to relate to B or to any other person, or purporting to originate from B or from any other person, monitoring the use by B or by any other person of the internet, email or any other form of electronic communication, entering any premises, loitering in any place (whether public or private), interfering with any property in the possession of B or of any other person, giving anything to B or to any other person or leaving anything where it may be found by, given to or brought to the attention of B or any other person, watching or spying on B or any other person, or acting in any other way that a reasonable person, or a reasonable person who has any particular knowledge of B that A has, would expect would cause B to suffer fear, alarm or substantial distress;

“course of conduct” involves conduct on two or more occasions;

“substantial distress” means distress that has a substantial adverse effect on B’s day to day activities.

(5) It is a defence for a person charged with the offence of stalking to show that the course of conduct—

(a) was authorised by virtue of any statutory provision or rule of law,

(b) was engaged in for the purpose of preventing or detecting crime, or

(6) A person who commits the offence of stalking is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine (or both), or

(b) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both).

(7) In proceedings in respect of a charge against a person of the offence of stalking, the person may be convicted of an offence under section 2 if the facts proved against the person—

(a) do not amount to the offence of stalking, but

(b) do amount to the offence under section 2.

(8) Subsection (7) is without prejudice to section 6(2) of the Criminal Law Act (Northern Ireland) 1967 (alternative verdicts on trial on indictment).

(9) In this section “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.

Offence of threatening or abusive behaviour

2

(1) A person (“A”) commits an offence if—

(a) A behaves in a threatening or abusive manner,

(b) the behaviour would be likely to cause a reasonable person to suffer fear or alarm, and

(2) It is a defence for a person charged with an offence under subsection (1) to show that the behaviour was reasonable in the particular circumstances.

(3) Subsection (1) applies to—

(a) behaviour of any kind including, in particular, things said or otherwise communicated as well as things done, and

(b) behaviour consisting of—

(i) a single act, or

(ii) a course of conduct.

(4) A person guilty of an offence under subsection (1) is liable—

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

(b) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both).

Special measures directions

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(1) The Criminal Evidence (Northern Ireland) Order 1999 is amended as follows.

(2) In Article 5(5) (offences where witnesses are eligible for assistance with giving evidence), after sub-paragraph (c) add—

(d) an offence under section 1 of the Protection from Stalking Act (Northern Ireland) 2022.

(3) After Article 22A insert—

(22B) No person charged with an offence under section 1 of the Protection from Stalking Act (Northern Ireland) 2022 may in any criminal proceedings cross-examine in person a witness who is the complainant, either— (a) in connection with that offence, or (b) in connection with any other offence (of whatever nature) with which that person is charged in the proceedings.

(4) In Article 23 (protection of children from cross-examination by defendant in person)—

(a) in paragraph (3), after sub-paragraph (cd) insert—

(ce) an offence under section 1 of the Protection from Stalking Act (Northern Ireland) 2022;

;

(b) in paragraph (4)(a), for “or (cd)” substitute “, (cd) or (ce)”.

(5) In Article 24 (direction prohibiting defendant from cross-examining particular witnesses)—

(a) in paragraph (1), after “22A” insert “, 22B”;

(b) in paragraph (3)(e), after “22A”, in both places it occurs, insert “, 22B”.

(6) In Article 26(1) (defence representation for purposes of cross-examination), after “22A,” insert “22B,”.

(7) In Article 27(1) (warning to jury), after “22A,” insert “22B,”.

Alternative to conviction of the domestic abuse offence

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In section 13(2) of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (alternatives to the domestic abuse offence), after paragraph (b) add—

(c) an offence under section 1 of the Protection from Stalking Act (Northern Ireland) 2022 (offence of stalking), (d) an offence under section 2 of that Act (offence of threatening or abusive behaviour).

No right to claim trial by jury

5

In Article 29(1) of the Magistrates’ Courts (Northern Ireland) Order 1981 (right to claim trial by jury for certain summary offences but not those listed in the sub-paragraphs), after sub-paragraph (q) add—

(r) section 1 or 2 of the Protection from Stalking Act (Northern Ireland) 2022.

Stalking protection orders

Meaning of act associated with stalking and risk associated with stalking

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(1) This section applies for the purposes of this section and sections 7 to 10.

(2) An “act associated with stalking” is any of the following—

(a) following a person;

(b) contacting, or attempting to contact, a person by any means;

(i) relating or purporting to relate to a person, or

(ii) purporting to originate from a person;

(d) monitoring the use by a person of the internet, email or any other form of electronic communication;

(e) entering any premises;

(f) loitering in any place (whether public or private);

(g) interfering with any property in the possession of a person;

(h) giving anything to a person or leaving anything where it may be found by, given to or brought to the attention of a person;

(i) watching or spying on a person;

(j) acting in any other way that it would be reasonable to expect would cause a reasonable person to suffer fear, alarm or substantial distress.

(3) A “risk associated with stalking” is a risk of—

(a) a person carrying out acts associated with stalking, and

(b) another person being a victim of those acts (if carried out).

(4) Where there is a risk associated with stalking, the person mentioned in subsection (3)(a) “poses a risk associated with stalking” to any person within subsection (3)(b).

(5) The acts mentioned in subsection (3) may be acts which the person mentioned in subsection (3)(a) knows, or ought to know, are unwelcome to a person within subsection (3)(b) even if, in other circumstances, the acts would appear harmless in themselves.

(6) A reference to being a victim of acts associated with stalking is a reference to being a target of the acts or to suffering physical or psychological harm because of, or otherwise being a victim of, the acts.

Applications for orders

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(1) A stalking protection order is an order 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) The Chief Constable may apply to a court of summary jurisdiction for a stalking protection order against a person (“D”) if it appears to the Chief Constable that—

(a) D has carried out acts associated with stalking,

(b) D poses a risk associated with stalking to another person, and

(c) there is reasonable cause to believe 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)).

(3) The Chief Constable may apply for a stalking protection order only against a person—

(a) who resides in Northern Ireland, or

(b) who the Chief Constable believes is in, or is intending to come to, Northern Ireland.

(4) It does not matter—

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

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

Power to make orders

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(1) 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”).

(2) The court may make the order if satisfied that—

(a) D has carried out acts associated with stalking,

(b) D poses a risk associated with stalking to another person, and

(c) 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)).

(3) 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.

(4) Prohibitions or requirements must, so far as practicable, be such as to avoid—

(a) conflict with D’s religious beliefs, and

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

(5) 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).

(6) A prohibition or requirement, unless expressly limited to a particular locality, is to be complied with—

(a) in all parts of the United Kingdom, and

(b) 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.

(7) It does not matter—

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

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

Duration of orders

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(1) A prohibition or requirement contained in a stalking protection order has effect—

(a) for a fixed period, specified in the order, of at least 2 years beginning with the day on which the order is made, or

(b) until further order.

(2) A stalking protection order—

(a) may specify that some of its prohibitions or requirements have effect until further order and some for a fixed period;

(b) may specify different periods for different prohibitions or requirements.

Variations, discharges and renewals

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(1) The Chief Constable or the person against whom a stalking protection order is made may apply to a court of summary jurisdiction for an order varying, renewing or discharging the stalking protection order.

(2) On the application, the court may make any order varying, renewing or discharging the stalking protection order that the court considers appropriate.

(3) But a court may not—

(a) in renewing or varying an order, impose an additional prohibition or requirement unless satisfied 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 2 years beginning with the day on which the order was made without the consent of—

(i) the person against whom the order was made, and

(ii) the Chief Constable.

Interim stalking protection orders

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(1) An interim stalking protection order, in relation to a person, is an order which—

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

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

(2) Subsection (3) applies where an application for a stalking protection order against a person (“D”) has not been determined; and in the following provisions that application is referred to as the main application.

(3) A court of summary jurisdiction may, if it considers it appropriate to do so, make an interim stalking protection order against D on an application made by the Chief Constable at the same time as the main application or later.

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

(a) conflict with D’s religious beliefs, and

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

(5) A prohibition or requirement included in the interim stalking protection order, unless expressly limited to a particular locality, is to be complied with—

(a) in all parts of the United Kingdom, and

(b) if D resides in Northern Ireland or was resident in Northern Ireland when the main application was made or is a UK national, also everywhere outside the United Kingdom.

(6) The interim stalking protection order has effect only for a fixed period specified in the order, but this is subject to subsections (9) and (10).

(7) The Chief Constable or D may apply to a court of summary jurisdiction for an order varying, renewing or discharging the interim stalking protection order.

(8) On an application under subsection (7), the court may make any order varying, renewing or discharging the interim stalking protection order that the court considers appropriate.

(9) The interim stalking protection order ceases to have effect, if it has not already done so, on the making of a stalking protection order on the main application or on the withdrawal of the main application.

(10) Where the interim stalking protection order is in force immediately before the dismissal of the main application, it ceases to have effect on the first occasion after the dismissal when the following conditions are satisfied—

(a) there is no pending appeal to the county court from the dismissal,

(b) the time for making such an appeal (taking account of any extension granted) has expired, and

Content of, and procedure for, orders

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(1) A stalking protection order and an interim stalking protection order must specify—

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

(b) each prohibition or requirement that applies to the person against whom the order is made, and

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

(2) Any application under section 7, 10 or 11 to a court of summary jurisdiction is to be made by complaint under Part 8 of the Magistrates’ Courts (Northern Ireland) Order 1981.

(3) Article 78(1) of that Order (time limits) does not apply to a complaint by which any such application is made.

(4) An application under section 7 or 11(3) is to be heard by a youth court if, and only if, it is for an order against a person who is under the age of 18 when the application is made.

(5) An application under section 10 or 11(7) is to be heard by a youth court if, and only if, it is for variation, renewal or discharge of an order made against a person who is under the age of 18 when the application is made for the variation, renewal or discharge.

(6) Subsection (4) or (5) has effect despite the person attaining the age of 18 before the conclusion of the proceedings on the application.

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