Proposal to allow police to apply for stalking protection orders goes to consultation

Rona Mackay

Views will be sought on the Stalking Protection (Scotland) Bill, proposed by SNP MSP Rona Mackay, over the next three months.

Victims of stalking can currently apply to the courts for a Non-Harassment Order (NHO) against their stalker, but Ms Mackay has argued that the process can be “costly and stressful”. Prosecutors can also apply for an NHO once a stalker has been convicted.

Her proposal is for the introduction of a new protection order, similar to one introduced in England and Wales through the Stalking Protection Act 2019, which police could seek from the courts before any conviction has been made.

Commenting, Ms Mackay said: “My proposal aims to give victims greater protection, and access to justice, by allowing the police to apply directly to the court for a Stalking Protection Order. The police will have to show that there is evidence of stalking behaviour and that they believe that there is a risk to the victim.

“An Order would then prohibit the stalker from continuing this behaviour. This proposal goes further than recently introduced legislation in England and ensures that no matter the relationship between the victim and stalker, that an SPO could be granted.

“I welcome submissions to my consultation that will help shape the bill going forward.”

Information on how to respond to the consultation is available from Rona Mackay’s website.