AQW 45335/22-27 – Support for victims of stalking

Mr Patsy McGlone (Mid Ulster): To ask the Minister of Justice to detail any steps her Department is taking to support victims of stalking.

Minister of Justice: I am committed to giving victims of stalking the protections they need to live safely and without fear. The Protection from Stalking Act (NI) 2022 is a key piece of legislation that I delivered to protect and support victims of this horrendous crime.

The Act created a specific offence of stalking which has a maximum penalty of 10 years imprisonment. The Act also provides an alternative offence of threatening or abusive behaviour, with a maximum penalty of 5 years imprisonment.

Stalking Protection Orders (SPOs) were commenced in 2023, and do not require a conviction before they can be considered by police. The Orders are a tool to enable PSNI to disrupt stalking behaviours at an early stage before they escalate and to offer protection to victims right from the start of an investigation.

SPOs can impose restrictions on an alleged offender which can ban them from entering certain areas including near the victim’s home or work location. It can also impose positive requirements such as attending a mental health assessment or handing their mobile device over to police. Breaches of conditions within the order can result in a criminal conviction with up to five years in prison.

The Westminster Crime and Policing Bill, which recently completed its stages through Parliament, includes two new stalking measures which will be extended to Northern Ireland. The first measure includes a provision which will give courts the power to impose SPOs directly at the end of criminal proceedings either on conviction or on acquittal if there is enough evidence to suggest that the defendant is still a risk to the victim.

The second measure will introduce a ‘right to know’ statutory guidance provision which aims to tell victims of stalking the identity of their abuser at the earliest opportunity.

ENDS