It has taken a while, but Police are starting to regularly implement the Stalking Protection Order legislation. I certainly have shown a marked uptick in instructions in such cases, although statistics from the justice inspectorate show that, as of 2025, only 26 of every 10,000 recorded stalking offences result in orders being applied for. 

There appears to be dismay amongst some of my clients as to how the police can apply for these orders, often in cases where they have declined to prosecute. I therefore feel that the below guide may be useful for members of the public. Although I stress that this should not be seen as a replacement for specialist legal advice. 

What are Stalking Protection Orders?

Stalking Protection Orders (“SPOs”) were introduced by the Stalking Protection Act 2019  to give police forces in England and Wales a civil mechanism to intervene early in stalking cases. SPOs are designed to fill the gap between concerning behaviour and the point where prosecution is viable. They are not an alternative to charging for offences under the Protection from Harassment Act 1997 contents but can run alongside a criminal investigation. 

When will the Police apply for a Stalking Protection Order?

Under section 1(1) of the Stalking Protection Act 2019, the police may apply where:

-    a respondent has carried out acts associated with stalking;
-    they pose a risk associated with stalking; and
-    an order is necessary to protect a person. 

What sort of activity will give rise to an application for a Stalking Protection Order?

Police guidance defines stalking as “a pattern of unwanted, fixated and obsessive behaviour which is intrusive”. 

The kind of activities that the Police will look at include following, contacting, monitoring, loitering, interference with property, and surveillance. In more extreme case this can include computer hacking, vexatious litigation, stalking by proxy, digital surveillance, and revenge porn, among others. 

When can a Stalking Protection Order be applied for?

An application for a SPO can be made at any stage, even before a full Police Criminal investigation, no prior conviction is required. The victim need not be the direct target of the acts associated with the stalking and cases may involve ex-partners or strangers. 

How do the Police decide whether to apply for an SPO?

The Police are obliged to use specialist risk-assessment tools, consult the victim early, and consider whether stalking is present even where victims have not recognised it as such. 

Interim Stalking Protection Orders

Before a full order is made, the Police may apply for an Interim SPO. This provides rapid protection for a victim pending a full hearing. The test for an interim order is whether the court considers an interim order ‘appropriate’ (as per s.5(3) of the 2019 Act). This is a lower threshold than that for a full SPO, which is ‘necessity’. Interim orders can mirror the prohibitions and requirements available in full orders. 

What is the Application Procedure for Stalking Protection Orders?

Applications are brought by the Police to the Magistrates Court. Authorisation must be given by an officer of at least superintendent rank. Applications may in soe circumstances be heard in the respondent’s absence subject to the Magistrates’ Courts Act 1980 requirements. 

What is the burden and standard of proof in SPO cases?

The burden is on the Police to prove that the Order is necessary, the court applies the civil standard of proof (on the balance of probabilities). Hearsay is admissible, and notice must be served where the police intend to rely on it. Witnesses, including victims, may give evidence, and courts can grant special measures such as screens or video links if it is thought appropriate.  

Typical Conditions imposed in Stalking Protection Orders

SPOs may impose prohibitions, requirements, or both, provided each is necessary to protect from stalking risk (under s.2(2) fo the 2019 Act). Some examples of prohibitions that I have seen are:

-    contacting the victim directly or indirectly;
-    attending specific locations;
-    using devices capable of accessing the internet unless browsing history can be retained;
-    surveillance of any kind on named persons; and
-    making reference to named persons on social media. 

Positive requirements that I have seen applied for include:
-    attendance at perpetrator programmes;
-    mental-health or substance-misuse assessments;
-    surrender of electronic devices;
-    provision of social-media account details. 

The key is that conditions within an order must be workable and should avoid, conflict with religious observance or work/education commitments (s.2(3)).

What happens if I breach a Stalking Protection Order?

The breach of an SPO or interim SPO is a criminal offence. This will usually result in immediate arrest, as guidance states that any delay risks victim harm and may embolden the perpetrator. 

A single incident is sufficient; no course of conduct is required. The maximum penalties for breach mirror those for breach of notification obligations (up to five years’ imprisonment). 

Breaches are prosecuted by the Crown Prosecution Service , and a certified copy of the SPO is admissible as evidence of its existence. 

Can I apply to Vary or Discharge an SPO?

Yes, you can! Under section 4 of the 2019 Act, applications to vary, renew, or discharge an SPO can to the Magistrates Court by police or the person who is subject to the order. The court must hear both parties. 

Appeals

An appeal against a SPO can be made to the Crown Court against decisions to make, vary, renew, refuse, or discharge an order. Any order made on appeal is treated as if made by the magistrates’ court for future variation purposes. 

Conclusion

The Police promote the SPO regime as an early-intervention tool, enabling police to disrupt stalking behaviour before escalation. They say that it provides a flexible statutory mechanism to protect victims. This can be true in some cases. On the other hand, I have found that the system can be abused by Police; with application made as a lazy alternative to prosecution or on weak evidence that would never cross the criminal threshold.

If you find yourself subject to SPO proceedings it can be of assistance to recruit specialist, expert legal advice. 

Quentin Hunt is a Criminal Defence Barrister who has over 25 years’ experience in dealing with stalking and harassment cases and has been dealing with SPO cases since the inception of the legislation. 

You can contact Quentin for a free, no obligation conversation about how he can assist in your case.