What are we going to do? 

The government has committed to halving levels of VAWG, including stalking, in a decade. As part of this, the government is committed to ensuring victims of stalking have the strongest protections so they can go about their day-to-day lives in safety. The bill  strengthens the response to stalking to ensure that: 

• stalking protection orders (SPO) can be made in more circumstances

• the Home Secretary can issue multi-agency statutory guidance on stalking to help ensure that statutory agencies support stalking victims effectively and robustly manage perpetrators; and  

• the Home Secretary can issue statutory guidance for the police setting out the process they should follow when considering whether to release identifying information to victims about stalkers

How are we going to do it? 

Stalking protection orders on conviction or acquittal 

The bill amends the Stalking Protection Act 2019 and the Sentencing Code to enable the courts to make an SPO of their own volition on conviction or acquittal. Currently, SPOs are only available on application from the police to a magistrates’ court. This measure will enable courts to make an SPO at the conclusion of criminal proceedings without the police having made an application. Currently restraining orders are used in these circumstances, but they were not specifically designed to tackle stalking behaviour and do not allow the imposition of positive requirements in the same way as SPOs. 

Multi-agency statutory guidance on stalking 

The bill introduces a power for the Home Secretary to issue statutory guidance on stalking. The guidance will be for those working for public authorities such as the police, teachers and healthcare professionals and they will have to have due regard to it. The guidance will help support professionals in identifying stalking behaviour, managing perpetrators and supporting victims. It will also set out a framework for how relevant agencies can work together. 

‘Right to Know’ statutory guidance 

The bill introduces a power for the Home Secretary to issue statutory guidance on stalking. The clause will also state that professionals will need to have due regard to it. Some stalkers will use multiple online aliases to stalk the victim, and this means there are circumstances in which the victim will not know who their stalker is. In cases where the police have found the identity of the stalking suspect, the guidance will set out provisions in existing legislation, such as the Data Protection Act 2018, that allow them to release this information for the purpose of safeguarding. 

Background 

Stalking protection orders on conviction or acquittal 

SPOs were introduced in January 2020 to protect victims of stalking at the earliest possible opportunity. They can impose both restrictions and positive requirements. 

Currently, only the police can apply for an SPO to a magistrates’ court. They can do this at any stage. This change will mean the courts can impose SPOs on conviction and acquittal (i.e. without a separate process requiring a police application). This will enable them to apply an SPO as part of sentencing decisions.  

Multi-agency statutory guidance on stalking 

This measure will involve legislating to introduce a new power for the Home Secretary to issue multi-agency statutory guidance on stalking.  

This will help professionals with safeguarding responsibilities such as the police, healthcare professionals and teachers to effectively identify stalking. The guidance will help them to support victims, pursue perpetrators and work together in a multi-agency way. 

The legislation will require  these  professionals  to have  regard to the guidance. 

‘Right to Know’ statutory guidance 

Online stalkers often use multiple aliases to stalk and harass their victims and this frequently means the victim will not know their identity. In some cases, the police have found the identity of the suspect but refused to inform the victim before charge, citing data protection concerns.  

This measure introduces a new power for the Home Secretary to issue statutory guidance setting out the process by which the police should release identifying information about stalking perpetrators to victims. This will empower and encourage the police to follow a clear process so victims can know who the perpetrator is. 

Key statistics 

The Crime Survey for England and Wales for the year ending September 2024 estimates that: 

• 2.8% of adults aged 16 and over experienced stalking; and 

• women were more likely to experience stalking (3.9%) than men (1.8%)

In the year ending September 2024, the police recorded 133,059 stalking offences, a 9.9% increase from 121,025 in the year ending September 2023. Police recorded crime is not a good measure of the prevalence of stalking. 

Frequently asked questions 

What restrictions and requirements can be attached to a stalking protection order? 

An SPO can impose any restriction or requirement the court considers necessary to protect a person from a risk associated with stalking.   

SPOs also require perpetrators to notify authorities of their name and address.  

Breach of an SPO is a criminal offence punishable by up to five years’ imprisonment.   

When will the statutory guidance be available? 

A necessary precursor to introducing statutory guidance is legislation empowering the Secretary of State (the Home Secretary in this case) to do so. The Home Office will work with the stalking sector, policing and others to develop the guidance in due course.  

How will having the Right to Know the identity of online stalkers make a difference to victims?  

Not knowing the identity of someone who is stalking you online can be extremely distressing and debilitating for victims and put them at increased risk of harm.  

As it stands, police officers can have too much concern about data protection rights to release this information to victims.  

The new statutory guidance will help give police officers the confidence to disclose the identity of a stalker to the victim at the earliest opportunity.   

Will this change compel the police to reveal a stalker’s identity? 

We have heard that in too many cases the police are not using their existing powers properly. This change will empower and encourage them to follow a clear process so victims can know who is threatening them.  

Guidance is advisory, how will you know if it has been effective in encouraging multi-agency working? 

Professionals will be required to have regard to the guidance. We will continue to work with representatives from those agencies, organisations supporting victims of stalking and others to monitor progress in this area.