Public Protection and Safety: Harassment (PDF)

Public Protection and Safety PPS11 Harassment Definition – Harassment A person shall not pursue a course of conduct (a) which amounts to harassment of another; and (b) which he knows or ought to know amounts to harassment of the other Article...

Public Protection and Safety PPS11 Harassment Definition – Harassment A person shall not pursue a course of conduct (a) which amounts to harassment of another; and (b) which he knows or ought to know amounts to harassment of the other Article 3(1) Protection from Harassment (NI) Order 1997 Introduction Harassment is crime which may involve a pattern of incidents occurring over an extended period of time, therefore the investigation of this offence can be complex and time-consuming. Harassment may differ from other offences such as assault, criminal damage, theft etc. in that the conduct itself may appear innocent in isolation. Examples of harassment include making frequent calls, sending text messages, letters or cards; using social media to contact the victim, driving or walking past the victim’s home or workplace, following the victim or sending them ‘gifts’. The suspect may commit other offences including damaging the victim’s property or breaking into their home. This behaviour can escalate to include threats to kill, sexual violence, and even homicide. In keeping people safe, attending officers need to consider if the reported incident is part of a pattern of behaviour which may amount to harassment. Many victims say one of the most frustrating aspects of being harassed is not being taken seriously or having their complaint downplayed by police. We must approach these reports with the investigative mind-set, and try to establish the history of the behaviour in order to understand the context of the complaint. OFFICIAL [PUBLIC] Page 244 Type of Victim In addition to approaching reports of harassment with the investigative mind-set, we must also try to see things from the victim’s perspective. Consider those victims who are particularly vulnerable, because their life situation puts them in a position where they are more susceptible to harassment, and they may be less likely to report it or seek help. For example, consider a victim in a same-sex relationship who has not yet disclosed their sexuality to their family. They may be reluctant to report harassment as this information may no longer be private. They may also experience difficulty in discussing their relationship, or the relationship with the suspect, to police. Similarly we should consider victims who have mental health issues, as well as those who have difficulty communicating because they have a disability or are foreign nationals who do not have English as their first language. Foreign nationals, who are victims of harassment (which may or may not involve hate crimes) will already be frightened and confused. They may be unfamiliar with our legal system and reluctant to involve the police for fear of repercussions. Prohibition of Harassment Article 3 of the Protection from Harassment (NI) Order 1997 prohibits the act of harassment, stating that: ‘A person shall not pursue a course of conduct which amounts to harassment of another and which the perpetrator knows or ought to know will cause the victim harassment (which includes alarming the person or causing them distress).’ For the purposes of this Article, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other. Article 3(2) Protection from Harassment (NI) Order 1997 OFFICIAL [PUBLIC] Page 245 Course of Conduct Definition (1) A person who pursues a course of conduct in breach of Article 3 shall be guilty of an offence. (2) A person guilty of an offence under this article shall be liable (a) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both; or (b) on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory minimum, or both Article 4 Protection from Harassment (NI) Order 1997 The Order seeks to deal with conduct which has an element of persistence. A course of conduct must ‘involve conduct on at least two occasions and ‘conduct’ includes speech.’ The suspect ought to know that it amounts to harassment if a reasonable person in possession of the same information would think the course of conduct amounted to harassment. This conduct can comprise words and /or actions. Each individual incident towards a course of conduct does not necessarily have to cause harassment, it is sufficient that only the most recent incident causes harassment. Incidents may be far apart but still constitute a course of conduct. The Order does not specify how far apart in time the incidents may be. At one end of the scale, it is clear the incidents must be separate and not form part of one continuous act. Generally speaking, the longer the length of time between incidents, the less chance that they will constitute a course of conduct. Alternatively, conduct that occurs on a single date is unlikely to amount to a course of conduct for the purposes of the Order. Kelly vs DPP – In this case, defendant, Kelly appealed his conviction of the equivalent offences to Section 3 and section 6 (Protection from Harassment NI Order). The court stated that for the purposes of section 6 for a victim to be caused to fear on each occasion, where there is more than one action which OFFICIAL [PUBLIC] Page 246 is said to amount to harassment. The victim listened to three telephone calls on one occasion, but was only put in fear once. Therefore he was acquitted of Section 6. Kelly was convicted of Section 3 due the 3 separate distant phone calls, these amounted to course of conduct. The telephone calls were listened to on the same occasion, such that the victim was only distressed or alarmed once, the defendant was convicted. Similarly, consider a case where a group of victims are being targeted for harassment. A single course of conduct may apply to more than one person. In DPP v Dunn it was held that it was not always necessary to have a separate charge of harassment in respect of each complainant where a course of conduct comprised of incidents involving more than one victim. The court decided that it would be appropriate to include more than one complainant in a prosecution where the complainants were members of a ‘close-knit definable group’, and the conduct complained of was clearly aimed at all of them on each occasion, even though only one of them might have been present on each such occasion. It appears to be possible to apply this principle to cases of harassment directed, for example, at a family living in the same accommodation, or at a group of workers using the same place of work. Defences It is a defence to show that the course of conduct was: Pursued for the purpose of preventing or detecting crime; Pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment; Reasonable to pursue in the particular circumstances. The mental health of an alleged perpetrator would NOT be a defence under the Order. Such issues can be taken into account by the Public Prosecution Service (PPS) in terms of the public interest and at the sentencing stage. National Security If the Secretary of State certifies that in his opinion anything done by a specified person on a specified occasion related to: OFFICIAL [PUBLIC] Page 247  national security; the economic well-being of the United Kingdom; or the prevention or detection of serious crime, and was done on behalf of the Crown, the certificate shall be conclusive evidence that this Order does not apply to any conduct of that person on that occasion. Power of Entry A power of entry for the purposes of arrest for the offence of harassment is provided by Article 19 Police and Criminal Evidence (NI) Order 1989. 19.1. A constable may enter and search any premises for the purpose - c. Of arresting a person for an offence under - iii. Article 4 of the Protection from Harassment (Northern Ireland) Order 1997; You must be in a position to justify your actions. You need to have reasonable grounds to BELIEVE that the person sought for arrest is in the premises to be entered. You must ensure that your actions are proportionate, appropriate, lawful, and can stand up to scrutiny. Remember to record your decisions in your notebook. Causing Another to Fear Violence Article 6 of the Order provides for the offence of ‘putting people in fear of violence’. If a person is charged with this offence and a jury (on indictment) finds the suspect not, they may still find them guilty of an offence under Article 4. OFFICIAL [PUBLIC] Page 248  Putting people in fear of violence (1) A person whose course of conduct causes another to fear, on at least two occasions, that violence will be used against him shall be guilty of an offence if he knows or ought to know that his course of conduct will cause the other so to fear on each of those occasions. (2) The person whose course of conduct is in question ought to know that it will cause another to fear that violence will be used against him on any occasion if a reasonable person in possession of the same information would think the course of conduct would cause the other so to fear on that occasion. Article 6 Protection from Harassment (NI) Order 1997 A person guilty of an offence under Article 6 shall be liable - on conviction on indictment, to imprisonment for a term not exceeding 7 years, or a fine, or both; or on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both. Defences It is a defence under Article 6 to show that the course of conduct was: Pursued for the purpose of preventing or detecting crime; Pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment; Reasonable for the protection of themselves or another, or for the protection of their or another’s property.* *The latter point (iii) above differs slightly from the defence available under Article 4. The mental health of the alleged perpetrator would NOT be a defence under the Order. Such issues can be taken into account by the PPS in terms of the public interest and at the sentencing stage. OFFICIAL [PUBLIC] Page 249 Restraining Orders A court dealing with a person convicted of an offence may make a restraining order for the purpose of protecting the victim of the offence, or any other person mentioned in the order. The courts may also impose a restraining order where the defendant has been acquitted of any offence if the court considers it necessary to protect a person from harassment. The victim should be consulted and the PPS informed of their views. The conditions should be realistic, reasonable and proportionate and be in terms which make it relatively easy to determine and prove a breach. Consideration should be given to specifying the period that it should remain in force. The PPS, defendant, or any person named in the order may apply to the court to have it varied or discharged. When the PPS is made aware that a request has been made for an order to be varied or discharged, they will request that the investigating officer contact the victim to seek any views or concerns they may have. The investigating officer should obtain these views promptly and convey them to the PPS with any additional information that appears to be relevant. The PPS should also be advised of any anticipated delay in meeting the deadline. If without reasonable excuse the defendant does anything which he is prohibited from doing by a restraining order he shall be guilty of an offence and liable on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both; or on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both. OFFICIAL [PUBLIC] Page 250 Public Protection and Safety PPS12 Stalking Introduction Stalking is one of the most frequently experienced forms of abuse. It is a dangerous crime that can result in fear, trauma and a reduction in the victim’s quality of life. In some cases stalking can escalate to rape and murder. Stalking involves behaviours towards a person that makes them feel unsafe. The behaviour may be direct or indirect, and a stalker may know their victim intimately, as in a partner or former partner, or barely at all. The element of fear and fixation is what separates stalking from harassment. Harassment can be irritating and a nuisance, sometimes to the point where a victim feels deeply uncomfortable or distressed. However victims of harassment will not typically be afraid of their perpetrators. Research suggests that on average, victims of stalking may suffer up to one hundred incidents before reporting to police. This may be due to fear of not being believed or taken seriously, threats or fear of repercussions from the stalker or simply not wanting to make matters worse. It should also be noted that the individual who is being stalked may not even know when or how the stalking commenced and only be alerted when matters have escalated. The Department of Justice adopts the definition of stalking used by Suzy Lamplugh Trust:- OFFICIAL [PUBLIC] Page 252  “A pattern of fixated and obsessive behaviour which is repeated, persistent, intrusive and causes fear of violence or alarm or distress in the victim” Suzy Lamplugh Trust The College of Policing uses the ‘FOUR’ acronym to describe stalking as:  Fixated – A disproportionate and unreasonable investment of time, effort or resources e.g. the suspect won’t stop  Obsessive – An unhealthy and persistent preoccupation with the victim(s) or their cause e.g. repeated breach of Restraining Order  Unwanted – Does the victim report to you that the behaviour is not wanted?  Repeated – A pattern of behaviour, whether or not the victim is aware of ALL of the suspect’s activity The Protection from Stalking Act (Northern Ireland) 2022. The Act, which came into effect on 27 April 2022, creates a specific offence of stalking and a further offence of threatening and abusive behaviour. It is important to note that the Act does not have retrospective effect. Section 1 Stalking Section 1(1) of the Act creates a new offence of stalking. An offence is committed by the perpetrator (hereinafter referred to as “A”) if A engages in a course of conduct that:  causes another person (hereinafter referred to as “B”) to suffer fear, alarm or substantial distress; or OFFICIAL [PUBLIC] Page 253  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 At least one of the further conditions must also apply:  that A engages in the course of conduct with the intention of causing B to suffer fear, alarm or substantial distress; or  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. Key elements to prove stalking 1. Conduct must occur on at least two occasions. 2. The conduct must cause B to suffer fear, alarm or substantial distress or 3. Be 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. What constitutes stalking behaviour? Section 1(4) defines conduct that might cause fear, alarm or substantial distress as:  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 either: o Relating or purporting to relate to B or to any other person; or o 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; OFFICIAL [PUBLIC] Page 254  Giving anything to B or to any other person or leaving anything where it may be found by, or given to or brought to the attention of B or any other person;  Watching or spying on B or any other person;  Acting in any other way that a reasonable person, or a reasonable person who has particular knowledge of B that A has, would expect to cause B to suffer fear, alarm or substantial distress. Cyberstalking Stalking can also take place on the internet and through the misuse of email, in the main or as a part of a course of conduct. This is known as ‘cyberstalking’. This can include the use of social networking sites, chat rooms and other forums facilitated by technology. Behaviours may amount to stalking depending on:-  the context of the behaviour;  the motivations driving the behaviour; and  the impact on the victim. Stalkers may use a variety of different behaviours to stalk their victim. In some cases a stalker may try to appear endearing and loving, as well as threatening or violent. The key to understanding the behaviours as stalking are that they are fixated, obsessive, unwanted by the victim and repetitive (F.O.U.R) Some examples of stalking behaviour include:  Contacting the victim’s children, partner, other family members, friends, co-workers or other third parties.  Stalking by proxy (stalking people connected to the ‘primary’ victim).  Sending unsolicited gifts or other items to the victim.  Hacking the victim’s social media accounts, email, phone or computer.  Using multiple social media accounts, email addresses or phone numbers to contact the victim, which may include the use of aliases. OFFICIAL [PUBLIC] Page 255  Information gathering on the victim, such as by contacting third parties, searching public records, stealing private documents belonging to the victim or viewing them without the victim’s knowledge.  Impersonating the victim in order to gather information about them.  Bringing vexatious litigation or making vexatious counter-allegations against the victim, or otherwise using official processes to perpetuate contact with the victim, causing them distress or to drain their resources.  Cancelling or procuring goods or services to the victim.  Joining the same gym, church, medical practice, educational course, workplace, sports club or other group as the victim.  Criminal damage or breaking into the victim’s home, garden, place of work or vehicle.  Creating or exploiting disputes between the victim and their friends, family or wider support network, to isolate the victim and make them dependent on the perpetrator.  Creating social media posts or websites containing malicious or personal content relating to the victim, or referencing things which would have meaning only to the victim.  Threatening violence against the victim, or actually attacking them.  Monitoring the victim by planting tracking or bugging devices, or by installing or activating a programme or application on the victim’s personal devices.  Publishing or threatening to publish personal information or images relating to the victim (so called ‘revenge porn’).  Threatening suicide or self-harm, or otherwise manipulating the victim to respond to contact. Stalking perpetrators may also use a range of tactics to perpetuate contact and control over the victim through professionals, agencies or systems. These tactics may include:  Deliberately targeting people who might be vulnerable.  Manipulating a person’s mental health (for example, make them think they are going ‘mad’). OFFICIAL [PUBLIC] Page 256  Causing or creating vexation or using the system against the victim by making vexatious complaints.  Making counter-allegations against the victim, e.g. calling in false reports or claiming to be a victim of the stalking behaviour of the actual victim.  Attempting to frustrate or interfere with the police investigation.  Using threats in order to manipulate the victim: e.g. by telling the victim they will make a counter-allegation; they will inform social services; or they will inform immigration officials if the victim does not have permission to be in NI. There is no such thing as a typical stalking victim or perpetrator. Course of conduct This will again be on two or more occasions (similar to the domestic abuse offence within the Domestic Abuse & Civil Proceedings Act (NI) 2021) The stalking offence is designed to criminalise a course of conduct, and so single incidents of stalking behaviour are not covered by the section 1 offence. The Act defines a ‘course of conduct’ as involving conduct on two or more occasions. Whilst two incidents can constitute a course of conduct, the fewer the incidents and the greater the separation in time, the less likely the court will make a finding of fact that the behaviour is a ‘course of conduct’. It is therefore important to secure all evidence of confirmed or potential incidents which can be associated with this course of conduct. An alternative offence of Threatening and Abusive Behaviour may be appropriate. Fear, alarm or substantial distress For the offence of stalking to be complete police must prove that either fear, alarm or substantial distress was caused or was likely to be caused. It is not necessary to prove all three. Each case must be decided on its own facts and merits and police should have regard to the context in which the behaviours are carried out, is there a particular motivation OFFICIAL [PUBLIC] Page 257 identified for the behaviours. The context of the behaviour may include the victim’s characteristics and personal circumstances, the victim’s past experience and what they know or do not know about the stalker. Fear and alarm are concepts familiar to police from how we apply the existing harassment legislation provisions. Alarm requires more than mere surprise at the behaviour; an element of concern is implied. In the absence of any evidence of actual fear or alarm, an objective test as to whether fear or alarm is likely to have been caused should be applied and police should consider what 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. The Act defines ‘substantial distress’ as distress that has a substantial adverse effect on B’s day to day activities. This would indicate that there should be an amendment to day to day activities either in their occurring or the format that they occur within. Examples of substantial adverse effects may include:-  The victim feeling the need to change their route to work, work patterns or employment as a result of the behaviours.  The victim arranging for someone else to pick their children up from school.  The victim putting additional security measures in place at home – personal CCTV, alarms, personal alarms when away from the property.  The victim changing the way they socialise or stopping altogether creating isolation as a result.  Deleting or stopping use of social media accounts or increased security measures on their social media accounts.  Changing phone numbers.  Carrying a personal attack alarm.  Not leaving home unaccompanied.  Moving house. OFFICIAL [PUBLIC] Page 258  Changing children’s school. Defence to stalking behaviours The legislation creates a statutory defence to stalking. Under section 1(5) of the Act it is a defence to show that the course of conduct:  was authorised by virtue of any statutory provision or rule of law;  was engaged in for the purpose of preventing or detecting crime; or  was reasonable in the particular circumstances. A possible example of a course of conduct being pursued under any enactment or rule of law could arise where a company acting within their legal entitlement, for example a Bank or Building Society, warns in writing of repossession proceedings following a period of non-payment. The second defence may apply to police or other investigative agencies such as HMRC where someone is legitimately under surveillance or being followed because of suspected or actual criminal or terrorist activity. It should be shown that the relevant powers and provisions have been appropriately obtained and applied. It could also be raised by individuals such as investigative journalists or Neighbourhood Watch members who claim that their activities are for the purpose of detecting or preventing crime. Penalties for stalking behaviour A person guilty of an offence under this section is liable:  on conviction on indictment to imprisonment for a term not exceeding 10 years and/or fine.  on conviction in summary proceedings to imprisonment for a term not exceeding 12 months and/or fine. OFFICIAL [PUBLIC] Page 259 If the court cannot be satisfied that the stalking offence has been made out then the court may convict of the alternative offence of ‘threatening and abusive behaviour’ provided the evidence adduced amounts to that offence. This offence will be explored further in the next section of this guidance. Section 2 Offence of Threatening and Abusive Behaviour Section 2 of the Act creates a new offence of threatening and abusive behaviour (‘TAB’). The TAB offence may be committed when three conditions are met - all three conditions must be met for the offence to be complete. A commits this offence if:  A behaves in a threatening or abusive manner; and  The behaviour would be likely to cause a reasonable person to suffer fear or alarm; and  A intends by the behaviour to cause fear or alarm or is reckless as to whether the behaviour causes fear or alarm. Whilst contained within stalking legislation, the scope of this offence is not expressly restricted to stalking and so could potentially apply to a broad range of behaviour provided it is capable of causing a reasonable person to suffer fear or alarm. This could therefore for example be used within a public order context. Police have however liaised with PPS to identify the opportunities for using this offence in the correct manner. It is essential that we have due regard to the Statutory Guidance supplied by the Department of Justice which currently reserves using the TAB offence for cases involving stalking or harassing behaviours and abusive behaviours in a domestic context. TAB is a lower offence to the main stalking offence and will provide an alternative charge for those cases that do not meet the threshold of the stalking offence. Therefore when considering the application of the TAB offence we should have “Think Stalking First” when making the application to dispose of under TAB, rather than behaviours where we OFFICIAL [PUBLIC] Page 260 would naturally think Public Order offences first for example. Given that TAB requires that the behaviours would be likely to cause a reasonable person to suffer fear or alarm, it is envisaged that TAB may only be used where there is insufficient evidence of a ‘course of conduct’, for example where the allegation only details one incident or where the investigator cannot be satisfied that a course of conduct has been made out; for example, the evidence outlines only two or three incidents occurring over the space of a year. It may be more appropriate to consider TAB offence. What Constitutes TAB behaviours This offence applies to behaviour of any kind including things said or otherwise communicated, as well as things done. Behaviour can also consist of a single act (e.g. shouting and swearing aggressively during an argument) or a course of conduct (e.g. sending threatening or abusive emails over a course of days or weeks). There is a vast range of actions that could be threatening or abusive in any given context. The behaviour may be either threatening or abusive, and does not need to be both. The court will determine as a question of fact what constitutes a ‘threat’ or ‘abuse’ depending on the particular circumstances of the case. Examples of behaviour that may amount to this offence in a stalking context could include, but are not limited to:  Threatening violence against the victim or attacking them.  Publishing or threatening to publish personal information or images relating to the victim.  Leaving gifts or items that cause fear or alarm to the victim.  Threatening suicide or self-harm or otherwise manipulating the victim to respond to contact.  Using multiple social media accounts, email addresses or phone numbers to contact the victim, which may include the use of aliases.  Hacking the victim’s social media accounts, email, phone or computer. OFFICIAL [PUBLIC] Page 261  Monitoring the victim by planting tracking or bugging devices.  Installing or activating a programme or application on the victim’s personal devices.  Criminal damage or breaking into the victim’s home, garden or vehicle.  Creating or exploiting disputes between the victim and their family, friends or support network to isolate the victim and make them dependent on the perpetrator.  Creating social media posts or websites containing malicious or personal content relating to the victim or referencing things that only have meaning to the victim. Police must prove that the behaviour would be likely to cause a reasonable person to suffer fear or alarm. This reasonable person test ensures that the behaviour is judged objectively. It does not matter whether the witness to the behaviour was actually scared or alarmed by it, provided that fear or alarm would have been a reasonable reaction in the circumstances. This allows for circumstances where the individual is not aware of the behaviour prior to discovery – for example where a suspect has been monitoring their social media but they did not know about it until they tried to log in for the first time. In addition, police must prove that the perpetrator intends by the behaviour to cause fear or alarm or is reckless as to whether the behaviour causes fear or alarm. Recklessness in this context means that the perpetrator foresaw that the complainant might suffer alarm or distress but still went on to take that risk regardless. Defences for Threatening and Abusive Behaviour Section 2(2) of the Act creates a statutory defence for a person charged with this offence to show that the behaviour was reasonable in the particular circumstances. Examples of where threatening or abusive behaviour could be reasonable may include where it is used as a form of self-defence or in response to extreme provocation. Penalties for Threatening and Abusive Behaviour A person guilty of an offence under section 2 is liable: OFFICIAL [PUBLIC] Page 262  on conviction on indictment to imprisonment for a term not exceeding 5 years and/or fine.  on conviction in summary proceedings to imprisonment for a term not exceeding 12 months and/or fine. Statute Barred Offences You can use statute barred offences as part of the stalking course of behaviour, but only incidents of abuse from the 27th April 2022. There would also have to be a connection between the statute barred offence and the other stalking behaviour reported. The more incidents there are between the statute barred offence and the stalking behaviour would strengthen the case. Stalking Protection Orders The Protection from Stalking Act (Northern Ireland) 2022 introduces a new civil Stalking Protection Order. The threshold to commence criminal proceedings for the commission of an offence, does not need to be met for an order to be made. This allows for early police intervention in stalking cases. What is a Stalking Protection Order (SPO)? Stalking Protection Order (SPO) is a civil order which can be sought by the police intended to prevent perpetrators from carrying out acts associated with stalking before the behaviour escalates and this can protect victims from serious harm. It is an effective means of managing an alleged suspect through the use of prohibitions and/or positive requirements as well as imposing. The police should consider applying for an order not just to protect the victim but also, where necessary, anyone connected to the victim who may also be at risk of being stalked by the respondent. This scenario could arise if a perpetrator is stalking other people connected to that individual (such as family members, friends, or co-workers), knowing that this behaviour will impact on the individual who is the principle subject of the stalking acts. This is known as ‘stalking by proxy’. Anyone can make police aware of a stalking allegation. The person protected does not have to be the victim of the acts. OFFICIAL [PUBLIC] Page 263 Authorising Officer Applications for a stalking Protection Order are made on complaint by the PSNI authorising officer which is not below the rank of Inspector. What are the grounds for an application?  The suspect is aged 10 or over has carried out acts of stalking to another person.  The suspect poses a risk associated with stalking to another person  There is reasonable cause to believe the proposed order is necessary to protect another person from such risk. The provisions in the Act relating to Stalking Protection Orders have been created to enable early police intervention, pre-conviction to address stalking behaviours before they become entrenched or escalate in severity and to protect victims from more serious harm. However, there is no restriction as to the stage of the criminal justice process at which an order may be made, and depending on the circumstances, an order could be made following conviction, acquittal or at any time after the conclusion of the criminal proceedings. A Stalking Protection Order can only be made by the court, following an application from police under Section 7 of the Act. Section 7 (4) (b) of the Act allows that stalking behaviour that was carried out before Section 7 commenced (i.e. retrospective – stalking behaviour carried out from 27 April 2022), can be counted when considering an application for an order. All domestic abuse stalking investigations require a PPN DASH risk assessment. All non-domestic abuse stalking incidents require an S DASH template to be completed on the OEL. This is to ensure there is a detailed picture, where possible, that informs decisions throughout the Stalking Protection Order process. Stalking Protection Orders are not exclusive to cases of so called ‘stranger stalking’ and may also be used in a domestic abuse context where appropriate. See Classis in relation to Stalker Typology and Stalking Characteristics. OFFICIAL [PUBLIC] Page 264