STALKING PROTECTION BILL EXPLANATORY NOTES

Transcription

1 STALKING PROTECTION BILL EXPLANATORY NOTES What these ntes d These Explanatry Ntes relate t the Stalking Prtectin Bill as intrduced in the Huse f Cmmns n 19 July. These Explanatry Ntes have been prvided by the Hme Office, with the cnsent f Dr Sarah Wllastn MP, the Member in charge f the Bill, in rder t assist the reader f the Bill and t help infrm debate n it. They d nt frm part f the Bill and have nt been endrsed by Parliament. These Explanatry Ntes explain what each part f the Bill will mean in practice; prvide backgrund infrmatin n the develpment f plicy; and prvide additinal infrmatin n hw the Bill will affect existing legislatin in this area. These Explanatry Ntes might best be read alngside the Bill. They are nt, and are nt intended t be, a cmprehensive descriptin f the Bill. Bill 20 EN 57/1

2 Table f Cntents Subject Page f these Ntes Overview f the Bill 2 Plicy backgrund 2 Legal backgrund 3 Territrial extent and applicatin 5 Cmmentary n prvisins f Bill 6 Clause 1: Applicatins fr rders 6 Clause 2: Pwer t make rders 7 Clause 3: Duratin f rders 7 Clause 4: Variatins, renewals and discharges 7 Variatins 8 Renewals 8 Discharges 8 Clause 5: Interim stalking prtectin rders 8 Clause 6: Cntent f rders 9 Clause 7: Appeals 9 Clause 8: Offence f breaching stalking prtectin rder etc 9 Clause 9: Ntificatin requirements 10 Clause 10: Methd f ntificatin and related matters 10 Clause 11: Offences relating t ntificatin 10 Clause 12: Guidance 11 Clause 13: Prcedure 12 Clause 14: Interpretatin 12 Clause 15: Extent, cmmencement and shrt title 12 Cmmencement 13 Financial implicatins f the Bill 13 Parliamentary apprval fr financial csts r fr charges impsed 13 Cmpatibility with the Eurpean Cnventin n Human Rights 13 Related dcuments 13 Annex A - Territrial extent and applicatin in the United Kingdm 15 These Explanatry Ntes relate t the Stalking Prtectin Bill as intrduced in the Huse f Cmmns n 19 July 1

3 Overview f the Bill 1 The purpse f this Bill is t create a new civil Stalking Prtectin Order t prtect members f the public frm risks assciated with stalking. 2 The new rder will: be available n applicatin frm the plice t the curts; enable the impsitin f bth prhibitins and requirements n the perpetratr; and have a criminal penalty fr breach. 3 The new rder is designed fr use particularly in cases where: the stalking ccurs utside f a dmestic abuse cntext, r where the perpetratr is nt a current r frmer intimate partner f the victim (s called stranger stalking ); r the criminal threshld has nt, r has nt yet, been met (such as while a criminal case is being built), r the victim des nt supprt a prsecutin. 4 The intentin f this Bill is t prvide the plice with an additinal tl with which t prtect victims f stalking and t fill a gap within the existing prtective rder regime. Plicy backgrund 5 Frm 5 December February 2016 the Gvernment ran a public cnsultatin t explre whether it wuld be beneficial t intrduce a new civil rder t prtect victims f stalking. 6 The cnsultatin sught views n: the effectiveness f existing interventins; the challenges f identifying stalking in its early stages; hw a Stalking Prtectin Order might wrk in practice; and what penalty shuld be impsed fr breach f an rder. 1 7 In particular, respnses t the cnsultatin highlighted a gap in the existing prtective rder regime and the need fr earlier interventin in stalking cases, in rder t prtect victims and t address emerging patterns f behaviur in perpetratrs befre they becme entrenched r escalate in severity. 8 69% f cnsultatin respndents did nt believe that existing prtective rders prvide sufficient prtectin t victims f stranger stalking, as they apply t a dmestic abuse cntext and require that a relatinship has existed r still exists. In additin, existing interventins are nt always applicable in cases where the criminal threshld has nt, r has nt yet, been met 1 The cnsultatin dcument is published nline at: n_order_-_a_cnsultatin.pdf These Explanatry Ntes relate t the Stalking Prtectin Bill as intrduced in the Huse f Cmmns n 19 July 2

4 (such as while a criminal case is being built) r where the victim des nt supprt a prsecutin. 9 The intentin f this Bill is t prvide the plice with an additinal tl with which t prtect victims f stalking and t fill this gap within the existing prtective rder regime. 10 In its respnse t the public cnsultatin published in December 2016, the Gvernment cmmitted t legislate t intrduce a new civil Stalking Prtectin Order as sn as Parliamentary time allwed The prpsed civil Stalking Prtectin Order will: be available n applicatin frm the plice t the curts; be available in cases f stranger stalking, where the stalking takes place utside f a dmestic abuse cntext r where the perpetratr is nt a current r frmer intimate partner f the victim; permit early interventin in stalking cases where the criminal threshld has nt, r has nt yet, been met, (such as while a criminal case is being built) r where the victim des nt supprt a prsecutin; enable the impsitin f bth prhibitins and requirements n the perpetratr; and have a criminal penalty fr breach. Legal backgrund 12 In 2012 the Prtectin frm Harassment Act 1997 ( the 1997 Act ) was amended by the Prtectin f Freedms Act 2012 t intrduce tw new stalking ffences. 13 The ffence f stalking under sectin 2A f the 1997 Act is a summary ffence (triable in a magistrates curt) punishable by imprisnment fr a term nt exceeding six mnths, r a fine, r bth. 14 The ffence f stalking invlving vilence r serius alarm and distress under sectin 4A f the 1997 Act is an either way ffence (triable in either a magistrates curt r the Crwn Curt) which carries a maximum penalty f ten years imprisnment. 15 In 2017 sectin 4A was amended by the Plicing and Crime Act 2017 t increase the maximum penalty frm five years t ten years imprisnment. 16 The 1997 Act des nt define stalking, but prvides a (nn-exhaustive) list f examples f acts r missins assciated with stalking. These are: a. fllwing a persn, 2 A summary f respnses t the cnsultatin and the Gvernment s respnse is published nline at: spnse_-_final_t_publish.pdf These Explanatry Ntes relate t the Stalking Prtectin Bill as intrduced in the Huse f Cmmns n 19 July 3

5 b. cntacting, r attempting t cntact, a persn by any means, c. publishing any statement r ther material i. relating r purprting t relate t a persn, r ii. purprting t riginate frm a persn, d. mnitring the use by a persn f the internet, r any ther frm f electrnic cmmunicatin, e. litering in any place (whether public r private), f. interfering with any prperty in the pssessin f a persn, g. watching r spying n a persn Similarly, this Bill des nt define stalking. Hwever clause 1 f the Bill signpsts readers t sectin 2A f the 1997 Act fr examples f acts assciated with stalking. 3 Prtectin frm Harassment Act 1997, sectin 2A(3) These Explanatry Ntes relate t the Stalking Prtectin Bill as intrduced in the Huse f Cmmns n 19 July 4

6 Territrial extent and applicatin 18 Clause 15(1) sets ut the territrial extent f the Bill, that is the jurisdictins which the Bill frms part f the law f. The extent f a Bill can be different frm its applicatin. Applicatin is abut where a Bill prduces a practical effect. 19 The prvisins in this Bill extend and apply t England and Wales nly. 20 There is a cnventin that Westminster will nt nrmally legislate with regard t matters that are within the legislative cmpetence f the Scttish Parliament, the Natinal Assembly fr Wales r the Nrthern Ireland Assembly withut the cnsent f the legislature cncerned. 21 The matters t which the prvisins f the Bill relate are nt within the legislative cmpetence f the Scttish Parliament, the Natinal Assembly fr Wales r the Nrthern Ireland Assembly, and n legislative cnsent mtin is being sught in relatin t any prvisin f the Bill. If there are amendments relating t matters within the legislative cmpetence f the Scttish Parliament, the Natinal Assembly fr Wales r the Nrthern Ireland Assembly, the cnsent f the relevant devlved legislature(s) will be sught fr the amendments. 22 As this Bill is a Private Members Bill, the prvisins in Standing Orders Ns. 83J t 83X f the Huse f Cmmns relating t Public Business d nt apply t this Bill. These Explanatry Ntes relate t the Stalking Prtectin Bill as intrduced in the Huse f Cmmns n 19 July 5

7 Cmmentary n prvisins f Bill Clause 1: Applicatins fr rders 23 This clause sets ut wh may apply fr an rder, what a Stalking Prtectin Order is, and the grunds n which an applicatin fr an rder may be made. 24 The rder will be available n applicatin t a magistrates curt by a chief fficer f plice. 25 As stipulated in subsectin (3), the chief fficer f plice may make an applicatin nly in respect f smene wh resides in their plice area, r wh they believe is in that area r is intending t cme t it. 26 Fr the purpses f making an applicatin, the chief fficer f plice must be satisfied that the defendant has carried ut acts assciated with stalking; that they pse a risk f stalking t anther persn (as defined in subsectin (4)); and that the rder is necessary in rder t prtect the ther persn frm that risk. 27 Subsectin (1)(c) prvides that the individual t be prtected by the rder des nt have t have been the victim f the acts assciated with stalking which prvide the grunds fr the applicatin. This scenari culd arise if a perpetratr is stalking ther peple cnnected t that individual (such as family members, friends, r c-wrkers), knwing that this behaviur will impact n the individual wh is the principle subject f the stalking acts. This is knwn as stalking by prxy. 28 Subsectin (2) sets ut what a Stalking Prtectin Order is: a preventative rder which can impse bth prhibitins and requirements n the defendant as are necessary fr the purpse f preventing them frm carrying ut acts assciated with stalking. 29 An rder can prhibit the defendant frm ding smething, as far as is necessary t prtect the ther persn frm risk f stalking, and culd include prhibiting the defendant frm: entering certain lcatins r defined areas where the victim resides r frequently visits; cntacting the victim by any means, including via telephne, pst, , SMS text message r scial media; physically appraching the victim, at all r t within a specified distance. 30 An rder can als require the defendant t d smething, as far as is necessary t prtect the ther persn frm risk f stalking. Psitive requirements described in the terms f the rder culd include requiring the defendant t: attend a perpetratr interventin prgramme; attend a mental health assessment; participate in a restrative justice prcess. 31 Subsectin (5)(a) prvides that the acts assciated with stalking which prvide the grunds fr an applicatin can have been carried ut in any part f the United Kingdm, r abrad. This des nt affect the territrial extent and f the Bill, which wuld frm part f the law f England and Wales nly. 32 Subsectin (5)(b) prvides that the acts assciated with stalking which prvide the grunds fr an applicatin fr an rder can have been carried befre r after the time at which the prvisins f this Bill cme int frce. These Explanatry Ntes relate t the Stalking Prtectin Bill as intrduced in the Huse f Cmmns n 19 July 6

8 33 This Bill des nt define stalking. Hwever, subsectin (4) sets ut what may characterise a risk assciated with stalking and subsectin (6) signpsts readers t sectin 2A f the 1997 Act fr examples f acts assciated with stalking. The 1997 Act similarly des nt define stalking, but prvides a (nn-exhaustive) list f examples f acts r missins assciated with stalking see paragraph 16 abve. Clause 2: Pwer t make rders 34 This clause sets ut the pwers f the magistrates curt t make a Stalking Prtectin Order, the grunds n which the curt may make an rder and what may be included in the terms f an rder. 35 Subsectin (1) requires that a magistrates curt must be satisfied that the defendant has carried ut acts assciated with stalking; that they pse a risk f stalking t anther persn; and that each f the prhibitins and requirements included within the terms f the rder is necessary in rder t prtect the ther persn frm that risk. 36 Subsectin (3) prvides that any prhibitins r requirements included within the terms f the rder (if deemed necessary as defined in subsectin (2)) must, s far as is practicable, avid cnflict with the defendant s religius beliefs, r their wrk r educatinal bligatins. The intentin f this subsectin is t ensure that the terms f the rder are prprtinate. 37 Subsectin (4) prvides that the defendant must cmply with a prhibitin r requirement in all parts f the United Kingdm, unless it is expressly limited t a particular lcality. 38 Subsectin (5) reiterates the prvisins f clause 1(5) with respect t lcatins r times at which acts which prvide the grunds fr an rder may have been carried ut. 39 Subsectins (6) and (7) apply when an rder is being made in relatin t a defendant wh is already the subject f anther Stalking Prtectin Order. This scenari culd arise, fr example, in the case f a serial stalker wh is stalking multiple victims. Subsectin (7) prvides that the terms f the different rders must nt cntradict each ther. Fr example, the new rder cannt require the defendant t attend a perpetratr interventin prgramme at a lcatin which the earlier rder prhibits them frm entering. 40 The making f, r the refusal t make, an rder under this clause can be appealed t the Crwn Curt. The appeals prcess is set ut at clause 7. Clause 3: Duratin f rders 41 This clause sets ut the perid f time fr which an rder has effect. 42 Subsectin (1) prvides that an rder has effect fr a fixed perid specified within the terms f the rder, r until a further rder is made. A further rder culd be a variatin r renewal f this same rder, r a different Stalking Prtectin Order. 43 Subsectin (2) prvides that, where a fixed perid is specified fr the duratin f the rder, this must be fr at least tw years beginning n the day n which the rder is made. 44 Subsectin (3) prvides that different time perids may be specified in relatin t different prhibitin r requirements included in the terms f the rder, as is necessary t prtect the ther persn frm risk f stalking. Clause 4: Variatins, renewals and discharges 45 This clause sets ut hw a Stalking Prtectin Order may be varied, renewed r discharged and wh may apply fr these measures. 46 An rder may be varied, renewed r discharged n applicatin t a magistrates curt by either These Explanatry Ntes relate t the Stalking Prtectin Bill as intrduced in the Huse f Cmmns n 19 July 7

9 the defendant wh is subject t the rder, r a relevant chief fficer f plice. The phrase relevant chief fficer f plice is defined at clause 14(1). 47 Befre making a decisin t vary, renew r discharge an rder, the curt must hear frm the defendant and any relevant chief fficer f plice wh wants t be heard. 48 The making f, r the refusal t make, an rder under this clause can be appealed t the Crwn Curt. The appeals prcess is set ut at clause 7. Variatins 49 Subsectin 4(a) sets ut that the curt may nt impse additinal prhibitins r requirements n the defendant unless they are necessary in rder t prtect the ther persn frm risk f stalking. 50 A scenari in which the plice may apply t vary an rder is if the persn being prtected mves huse r gets a new jb and therefre the terms f the rder need t be amended in rder t reflect the new lcatins r defined areas which the defendant is prhibited frm entering. Anther scenari culd be if the defendant s stalking behaviur changes and it becmes necessary t amend the terms f the rder t cntinue t prtect the victim frm harm. Renewals 51 A scenari in which the plice may apply t renew an rder is if the duratin f the rder is abut t expire and they are satisfied that the renewal f the rder is necessary t cntinue prtect the victim frm risk f stalking. Discharges 52 A scenari in which the plice may apply t discharge an rder befre it is expires is if they are satisfied that the rder is n lnger necessary t prtect the victim frm risk f stalking. 53 Subsectin 4(b) sets ut that the curt may nt discharge an rder befre the end f tw years frm the day n which the rder was made 4 withut the cnsent f the defendant and the apprpriate chief fficer f plice. Which chief fficer f plice is required t give cnsent depends n which party made the applicatin fr the rder t be discharged and whether the defendant resides in a plice area in England r Wales. 54 A scenari in which the defendant may nt cnsent fr the rder t be discharged is if they still cnsider themselves t pse a risk f stalking t the ther persn. Clause 5: Interim stalking prtectin rders 55 This clause sets ut the pwers f a magistrates curt t make an interim Stalking Prtectin Order, wh may apply fr an interim rder, what may be included in the terms f an interim rder and the duratin f an interim rder. 56 The purpse f this prvisin is t prtect the victim whilst the applicatin fr the Stalking Prtectin Order under clause 1 is being determined. 4 Where a fixed perid is specified fr the duratin f an rder, this must be fr at least tw years beginning n the day n which the rder is made, as set ut at clause 3(2). These Explanatry Ntes relate t the Stalking Prtectin Bill as intrduced in the Huse f Cmmns n 19 July 8

10 57 Subsectin (2) prvides that interim Stalking Prtectin Orders will be available n applicatin t a magistrates curt by a chief fficer f plice, either at the same time as that fficer makes the main applicatin fr an rder under clause 1, r in a separate applicatin if the main applicatin has already been made. 58 Subsectin (3) prvides that interim rders can prhibit the defendant frm ding smething, r require the defendant t d smething, as the curt deems apprpriate. See paragraphs 29 and 30 abve fr examples f prhibitins and requirements which culd be included in the terms f an interim rder. 59 Subsectin (4) prvides that the prhibitins and requirements included within the terms f an interim rder must, s far as is practicable, avid cnflict with the defendant s religius beliefs, r their wrk r educatinal bligatins. The intentin f this subsectin is t ensure that the terms f the interim rder are prprtinate. 60 Subsectin (5) prvides that the defendant must cmply with a prhibitin r requirement in all parts f the United Kingdm, unless it is expressly limited t a particular lcality. 61 Subsectin (6) sets ut the duratin f an interim rder. Interim rders have effect nly fr a fixed perid specified in the rder and cease t have effect n determinatin f the main applicatin under clause Subsectin (7) prvides that the defendant may apply t a magistrates curt fr that rder t be varied, renewed r discharged. The prcess fr varying, renewing r discharging rders is set ut at clause 4. Clause 6: Cntent f rders 63 This clause sets ut what details must be specified within the terms f an rder r an interim rder. Clause 7: Appeals 64 This clause sets ut wh may appeal t the Crwn Curt against the making f, r the refusal t make, an rder r an interim rder. This includes appeals against the variatin, renewal r discharge f rders r interim rders, r the refusal t d s, under clause Wh may appeal t the Crwn Curt depends n wh applied fr the rder r interim rder t be made, varied, renewed r discharged - the defendant r a chief fficer f plice. 66 Subsectin (4) gives the Crwn Curt pwers t make an rder r rders t give effect t its determinatin f an appeal, as appears t it t be apprpriate. Clause 8: Offence f breaching stalking prtectin rder etc 67 This clause prvides that it is a criminal ffence t breach the terms f an rder r an interim rder withut reasnable excuse. It will be fr a curt t decide what cnstitutes a reasnable excuse in a particular case. 68 Subsectin (2) sets ut that breach f an rder r an interim rder is an either way ffence, meaning that it can be tried in either a magistrates curt r a Crwn Curt depending n the seriusness f the ffence. The penalty fr breach n cnvictin by a magistrates curt ( summary cnvictin ) is imprisnment fr a term nt exceeding 12 mnths, r a fine, r bth. The penalty fr breach n cnvictin by a Crwn Curt ( cnvictin n indictment ) is imprisnment fr a maximum term f five years, r a fine, r bth. 69 Subsectin (4) prvides that cnditinal discharge is nt available t the curts n cnvictin fr breach f an rder r an interim rder. A cnditinal discharge is where the curt decides nt t impse a punishment n the ffender unless they g n t cmmit anther crime, at These Explanatry Ntes relate t the Stalking Prtectin Bill as intrduced in the Huse f Cmmns n 19 July 9

11 which pint they can be sentenced fr bth the earlier ffence and the new ne. Clause 9: Ntificatin requirements 70 This clause requires a defendant subject t an rder r an interim rder t prvide certain persnal details t the plice within three days beginning with the date f service f the rder. 71 Subsectins (2) t (4) set ut what persnal infrmatin the defendant is required t prvide t the plice, and what t d if any f this persnal infrmatin changes. 72 Subsectin (5) prvides that the ntificatin requirements set ut in this clause d nt apply t the defendant if they are already subject t ntificatin requirements under Part 2 f the Sexual Offences Act 2003, which is cmmnly referred t as being n the sex ffenders register. This means that the defendant cannt be subject t bth sets f ntificatin requirements at the same time. 73 Subsectin (7) sets ut what happens when a relevant defendant transitins between the ntificatin requirements under Part 2 f the Sexual Offences Act 2003 (the sex ffenders register ) and the ntificatin requirements under this Bill. In these circumstances, the defendant must ntify within three days f the final day that they are subject t ntificatin requirements under Part 2 f the Sexual Offences Act This ensures that there is n gap between the tw sets f ntificatin requirements. Clause 10: Methd f ntificatin and related matters 74 This clause sets ut where and hw a defendant must ntify the plice depending n where their hme address is situated, hw ntificatin must be acknwledged, and the plice pwers t verify the identity f the defendant when they attend at a plice statin t ntify. 75 If the defendant s hme address is in England r Wales, then they must attend at a plice statin in their lcal plice area t ntify. The phrase lcal plice area is defined at clause 14(1) f the Bill 76 If the defendant s hme address is utside f England r Wales, then they must attend at a plice statin in the lcal plice area in which the magistrates curt is situated which last made an rder r interim rder in respect f them. This will be a plice statin in England r Wales. A scenari in which this prvisin may apply is if a defendant subject t an rder r an interim rder subsequently mves t, r mves between, Sctland and Nrthern Ireland. 77 Subsectin (3) sets ut, if the defendant s hme address changes, which hme address they must prvide when ntifying depending n whether this takes place befre r after the change f address. 78 Subsectin (4) prvides that a ntificatin must be acknwledge in writing and in such frm as the Secretary f State may direct. Clause 11: Offences relating t ntificatin 79 This clause prvides that it is a criminal ffence t fail t cmply with the ntificatin requirements withut reasnable excuse r knwingly t prvide the plice with false infrmatin. It will be fr a curt t decide what cnstitutes a reasnable excuse in a particular case. 80 This is an either way ffence, meaning that it can be heard in either a magistrates curt r the Crwn Curt depending n the seriusness f the ffence. The penalty fr breach n cnvictin by a magistrates curt ( summary cnvictin ) is imprisnment fr a term nt exceeding 12 mnths, r a fine, r bth. The penalty fr breach n cnvictin by a Crwn Curt ( cnvictin n indictment ) is imprisnment fr a maximum term f five years, r a fine, r These Explanatry Ntes relate t the Stalking Prtectin Bill as intrduced in the Huse f Cmmns n 19 July 10

12 bth. Clause 12: Guidance 81 This sectin requires the Secretary f State t issue and publish guidance t the plice abut the exercise f their functins under this Bill. 82 Tpics which may be cvered in such statutry guidance include: An verview f what stalking is, what stalking behaviur lks like, and hw it differs frm harassment; Examples f circumstances in which the plice may wish t cnsider applying fr an rder, such as while a criminal case is being built; Examples f circumstances in which the plice may wish t cnsider prsecutin under stalking ffences instead f applying fr an rder; Examples f prhibitins and requirements which curts may wish t cnsider fr inclusin in the terms f the rder, and guidance n hw t tailr a bespke interventin in rder t effectively address stalking behaviur and prtect the victim; Examples f circumstances in which the curt may wish t seek expert advice n what prhibitins and requirements wuld be mst apprpriate and effective, such as frm a healthcare practitiner, and hw t ensure that prhibitins and requirements are prprtinate; Guidance n hw the rder perates in the cntext f ther relevant legislatin, such as n effective management f the defendant in cases where a registered sex ffender is made subject t a Stalking Prtectin Order; Guidance n effective management f the defendant if they frequently mve between different lcal plice areas; Guidance n hw the plice can make best use f existing plice systems and databases in rder t effectively risk manage the defendant, including examples f circumstances in which the plice may wish t cnsider creating a ViSOR 5 recrd fr a defendant subject t a Stalking Prtectin Order, and/r identifying them as a Ptentially Dangerus Persn 6 ; Guidance n ptential vexatius use f the rders and hw t address this 5 The Dangerus Persns Database, cmmnly referred t as ViSOR, is a UK-wide secure database used t stre and share infrmatin and intelligence n specific sexual and vilent ffenders wh are deemed t pse a risk f serius harm t the public. 6 A Ptentially Dangerus Persn (PDP) is a persn wh is nt currently managed under the statutry Multi-Agency Public Prtectin Arrangements (MAPPA), but whse behaviur gives reasnable grunds fr believing that there is a likelihd f them cmmitting an ffence that will cause serius harm. These Explanatry Ntes relate t the Stalking Prtectin Bill as intrduced in the Huse f Cmmns n 19 July 11

13 apprpriately; Guidance n an effective and timely respnse t breach f a Stalking Prtectin Order. Clause 13: Prcedure 83 This clause sets ut sme prcedural details n the peratin f the Bill in the magistrates curts. 84 Subsectin (1) prvides that an applicatin t a magistrates curt under any prvisin in the Bill is t be made by cmplaint. This is the prcess by which civil matters are cmmenced in the magistrates curt. 85 Subsectin (2) prvides that sectin 127 f the Magistrates Curts Act 1980 (time limits) des nt apply t any prvisin in the Bill. This means that there is n requirement fr a magistrates curt t hear prceedings fr an rder within six mnths frm the time when the acts assciated with stalking were carried ut. Clause 14: Interpretatin 86 This clause defines varius wrds and phrases used within the Bill. Clause 15: Extent, cmmencement and shrt title 87 This clause sets ut the territrial extent f the Bill, hw and when the prvisins will cme int frce and the shrt title f the Bill. These Explanatry Ntes relate t the Stalking Prtectin Bill as intrduced in the Huse f Cmmns n 19 July 12

14 Cmmencement 88 The substantive prvisins in this Bill will be brught int frce by means f cmmencement regulatins made by the Secretary f State. Financial implicatins f the Bill 89 The Impact Assessment undertaken by the Hme Office n the intrductin f Stalking Prtectin Orders fund that the prvisins in the Bill wuld nt create any additinal public expenditure r require any changes t public service manpwer 7. Parliamentary apprval fr financial csts r fr charges impsed 90 This Bill des nt require a mney reslutin. Cmpatibility with the Eurpean Cnventin n Human Rights 91 The Bill is cnsidered t be cmpatible with the Eurpean Cnventin n Human Rights. 92 The Bill cnfers pwers which will need t be exercised cmpatibly with the Cnventin. Tpics which may be cvered in statutry guidance issued under clause 12 include hw t ensure that prhibitins and requirements are prprtinate. 93 The Bill prvides nt nly prtectins fr victims f stalking, but als safeguards fr defendants subject t an rder r interim rder. Fr example, clauses 2(3)a and 5(4)a prvide that prhibitins r requirements impsed n the defendant must, s far as practicable, be such as t avid cnflict with the defendant s religius beliefs. Related dcuments 94 The fllwing dcuments are relevant t the Bill and can be read at the stated lcatins: Impact Assessment n the intrductin f Stalking Prtectin Orders: alking_impact_assessment.pdf Cnsultatin dcument: Intrducing a Stalking Prtectin Order a cnsultatin : 7 The Impact Assessment undertaken by the Hme Office n the intrductin f Stalking Prtectin Orders is published nline at: These Explanatry Ntes relate t the Stalking Prtectin Bill as intrduced in the Huse f Cmmns n 19 July 13

15 trducing_a_stalking_prtectin_order_-_a_cnsultatin.pdf Summary f respnses t the cnsultatin, including the Gvernment s respnse: alking_order_cnsultatin_respnse_-_final_t_publish.pdf These Explanatry Ntes relate t the Stalking Prtectin Bill as intrduced in the Huse f Cmmns n 19 July 14

16 Annex A - Territrial extent and applicatin in the United Kingdm Prvisin Extends t E & W and applies t England? Extends t E & W and applies t Wales? Extends and applies t Sctland? Extends and applies t Nrthern Ireland? Legislative Cnsent Mtin needed? Clauses 1-15 Yes Yes N N N These Explanatry Ntes relate t the Stalking Prtectin Bill as intrduced in the Huse f Cmmns n 19 July 15

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18 STALKING PROTECTION BILL EXPLANATORY NOTES These Explanatry Ntes relate t the Stalking Prtectin Bill as intrduced in the Huse f Cmmns n 19 July. Ordered by the Huse f Cmmns t be printed, 11 January 2018 Parliamentary cpyright 2018 This publicatin may be reprduced under the terms f the Open Parliament Licence which is published at PUBLISHED BY AUTHORITY OF THE HOUSE OF COMMONS Bill 20 EN 57/1