Question
(24) Questions on the Stalking Protection Orders
Answers
1. How is PSNI currently interpreting the statutory test for applying for a Stalking Protection Order?
The statutory test in relation to an application for a Stalking Protection Order is set out in Section 7(2) of the Protection from Stalking Act (Northern Ireland) 2022. This requires a consideration that a person, defined in the legislation as ‘D’, has carried out acts associated with stalking, poses a risk associated with stalking to another person, and, that there is reasonable cause to believe that the Order sought is necessary to protect another person from such a risk.
A similar approach is taken for other public protection Orders, such as Sexual Offenders Prevention Orders (SOPOs) and Violent Offender Prevention orders (VOPOs).
The statutory test considered by the Court hearing an application for an Interim Stalking Protection Order is set out in Section 11(3) of the Protection from Stalking Act (Northern Ireland) 2022. In this circumstance a Court may, if it considers it appropriate to do so, make an Interim Stalking Protection Order. The test of ‘appropriateness’ is considered to be a lower threshold than that of the necessity test required for a full order.
It is accepted by the Police Service that the threshold to commence criminal proceedings for the commission of an offence does not need to be met for an application for a Stalking Protection Order (whether interim or full) to be considered.
2. What criteria are officers being instructed to consider when assessing whether the risk threshold is met?
Operational guidance has been provided to officers regarding Stalking Protection Orders alongside a dedicated resource portal available on the Police Service Intranet. Officers use a triage process enabling early review including obtaining legal advice in order to consider the suitability of a Stalking Protection Order application.
3. Is PSNI applying a higher threshold than that set out in legislation (i.e., requiring charge/prosecution evidence before applying)?
The threshold to commence criminal proceedings for the commission of an offence does not need to be met for an application for a Stalking Protection Order to be sought.
The Police Service is not applying a higher threshold than that set out in the legislation. However, the necessity test contained within Section 7 and Section 8 of the Stalking Act (Northern Ireland) 2022 requires consideration of the other criminal justice mechanisms, such as the use of bail conditions and the remand or hospitalisation of suspects/offenders as a part of the criminal justice system processes. These are relevant considerations in respect of necessity. Whilst the test for an Interim Order is that of ‘appropriateness’, bail and remand/hospitalisation etc. remain relevant considerations for an application.
4. What internal operational guidance has been issued to officers regarding SPOs?
Operational guidance has been provided to officers regarding Stalking Protection Orders alongside a dedicated resource portal available on the Police Service Intranet. Officers use a triage process enabling early review including obtaining legal advice in order to consider the suitability of a Stalking Protection Order application.
5. Are officers advised that SPOs are designed as early-intervention, risk-based, and pre-charge mechanisms?
Yes. This is set out within the operational guidance on the Stalking Protection Order.
6. Are officers aware that SPOs can be applied for independently of criminal proceedings, and that an interim SPO can be sought urgently?
Yes. This is set out within the operational guidance on the Stalking Protection Order.
7. What specific evidential, procedural, or operational barriers have been identified by PSNI preventing wider use of SPOs?
The Protection from Stalking Act (Northern Ireland) 2022 does not contain a power to allow a court to grant a Stalking Protection Order upon conviction or acquittal. This contrasts with other types of Public Protection Orders, where the Public Prosecution Service can apply for an order at the conclusion of qualifying criminal proceedings. This creates a situation where parallel proceedings are brought based on the same set of facts. It anticipated that this will be remedied through amendments currently being considered under the Crime and Policing Bill.
There is no provision for ex-parte applications. The Stalking Protection Order application process requires that a summons is drafted, signed by a Lay Magistrate and served on the respondent along with the evidence to be relied on upon in the application. This procedure affects both the substantive and interim application process and can be time-consuming. The purpose of interim SPOs is to provide a quicker means of protection before a substantive SPO can be sought, and where there is an immediate risk of harm. However, the application process for an Interim SPO is very similar to that for a substantive SPO. PSNI must make an application to a Magistrates’ court to secure both substantive and interim SPOs. The court must be presented with evidence that the respondent has stalked and that they pose a risk of stalking. The application cannot be made ex-parte without disclosure to the suspect, but instead a summons must be signed by a lay magistrate and served on the Respondent with a return date for court appearance.
The sequencing of the SPO application before a criminal interview may provide information to the respondent that investigating police officers would wish to test during suspect interview.
8. Are there any training or awareness gaps among attending officers, domestic abuse officers, or public protection specialists?
The Police Service continuously reviews officer feedback, operational learning, and performance data to identify any training needs or awareness gaps. Feedback from frontline officers and supervisors has informed the development of updated, practice-focused guidance aimed at strengthening confidence in recognising stalking behaviours, assessing risk accurately, and considering Stalking Protection Orders (SPOs) at the earliest appropriate stage.
This enhanced guidance is being launched in May and is designed to support consistent decision-making across local policing and Public Protection Branch. Ongoing engagement with officers enables the Police Service to respond dynamically to training needs and ensure that training remains aligned with emerging risks and victim safeguarding priorities.
9. Are officers confident in identifying stalking behaviours distinct from harassment or domestic abuse?
Training delivered by the Police Service explicitly addresses the distinction between stalking, harassment, and other domestic abuse-related offending, in both domestic and non-domestic contexts. Officers are provided with clear behavioural indicators, practical tools, and case studies to support accurate identification of stalking, including covert, online, and fixation-based behaviours that may not be immediately apparent. This is reinforced through joint Police Service -Public Prosecution Service governance arrangements, which enable review of charging and evidential decisions, support learning from outcomes, and promote consistency in decision-making across districts.
Operational Guidance and short animations highlighting the distinct differences between the two offences are available for officers to consult and assistance is available from Public Protection Branch and Legal Services to ensure that officers are confident in identifying distinct stalking behaviours.
10. How many interim SPOs have been sought to provide urgent safeguarding?
One Interim Stalking Protection Order is currently being sought by the Police Service Five Interim Stalking Protection Orders are currently being sought by the Police Service. Three of the five applications are listed for hearing before the end of May 2026.
11. Under what circumstances does PSNI consider an interim SPO to be appropriate?
There have been a number of previous offenders/suspects whose behaviour has been of sufficient concern to warrant consideration of interim applications – however, in these situations, offenders have been subject to lengthy periods of remand or hospitalisation meaning that the necessity to bring interim applications was not made out because of the immediate risk of harm. Reviews of offender’s periods of remand etc. remain ongoing with interim applications ready to be brought forward should there be a change of circumstances, pending the application for substantive orders at the conclusion of criminal proceedings. Updated Department of Justice guidance on the evidence required to ground an interim stalking protection order would be welcomed. A meeting is being arranged in June 2026 to discuss a review of statutory guidance.
12. Are officers being encouraged to use interim orders to protect victims where risk escalation is evident?
Operational Guidance advises that officers should consider whether to apply for an order at the start of every stalking investigation and that an order can be sought at any stage of a stalking investigation, the purpose of applying for an order is to protect the victim from any stalking risk identified prior to or during the course of the investigation and any criminal proceedings.
Officers are aware that risk is dynamic and can escalate or change at any stage in an investigation. Legal Services ensure each application is reviewed during the process in conjunction with considerations linked to bail, remand and other risk factors.
13. What risk-assessment tools are currently being used to identify cases suitable for an SPO?
The Police Service uses the DASH (Domestic Abuse, Stalking and Honour-Based Violence) risk assessment tool where there is a domestic context, and the S-DASH (Stalking - Domestic Abuse, Stalking and Honour-Based Violence) tool in non-domestic stalking cases. These structured tools support officer professional judgement by identifying key risk factors associated with stalking behaviour, escalation, and serious harm.
They are used alongside investigative assessment, victim engagement, intelligence holdings, and supervisory oversight, ensuring that SPO suitability is not determined by a checklist alone but by a holistic assessment of risk and necessity.
Risk assessments can be based on professional judgement and/or other investigative material. Officers are trained to look beyond the answers provided, to be professionally curious, consider patterns of behaviour, context and escalation.
14. Are frontline officers required to consider SPO suitability during initial and subsequent victim contact?
Operational guidance makes clear that SPO suitability should be considered at any stage of an investigation, including during initial response, ongoing enquiries, and at key decision points where risk is escalating or changing.
Officers are encouraged to view SPOs as part of a broader safeguarding framework and to revisit their appropriateness throughout their investigation, particularly where new information is available and/or criminal justice outcomes alone may not sufficiently mitigate risk.
15. How is PSNI ensuring that SPOs are used to reduce repeat victimisation and escalation risk?
SPOs are incorporated into Police Service training and guidance as a preventative safeguarding tool aimed at disrupting harmful behaviour, managing escalation, and reducing repeat victimisation. Their use is considered alongside other protective measures such as bail conditions, victim safety planning, and multi-agency interventions.
The Police Service’s approach emphasises early identification of stalking behaviours, consistent risk assessment, and the timely consideration of SPOs where other mechanisms may not fully address identified risk.
16. What SPO-specific training has been delivered to officers since the legislation commenced?
The Police Service has delivered a comprehensive programme of training since the commencement of the Protection from Stalking Act (NI) 2022 on 27 April 2022, which commenced immediately after commencement, including:
- Supervisor webinars focusing on case studies and application of the legislation.
- An SPO-specific interactive process-map module to support operational decision-making.
- District-level training delivered across all 11 policing districts to over 1,300 officers.
- Integration of stalking and SPO learning into student officer training at the PSNI College.
- Inclusion of stalking and SPOs within DASH and S-DASH training delivered to frontline and Public Protection officers.
Specialist officers have also engaged with national stalking-focused conferences to ensure the Police Service learning aligns with emerging best practice.
17. How many officers have completed this training?
The total completions for Stalking and Abusive behaviour since it was released in April 2022 is 5739 (5142 Officers / 591 Staff / 6 Secondees).
18. Are refresher sessions or updated materials planned?
Yes. The Police Service is committed to continuous development of guidance and training materials. Updated SPO guidance and learning materials informed by operational experience, officer feedback, and learning from initial SPO applications are being launched in May 2026.
Additional communications and refresher opportunities will be provided to reinforce learning, promote consistency, and support confidence in the use of SPOs.
19. Have the Public Protection Branch or district-level officers raised concerns about confidence or clarity in applying SPOs?
Please see answer provided at Q7.
20. What internal monitoring takes place to track PSNI’s use of SPOs?
The Police Service has established governance, guidance, and monitoring arrangements to oversee the use of SPOs. This includes internal review of applications, triage processes, and oversight through public protection governance structures.
As SPO use develops, the Police Service is moving into a consolidation phase focused on scaling effective practice, strengthening multi-agency collaboration, and ensuring robust scrutiny to support consistent and effective use of the powers.
21. Is performance on SPO usage reported to the Policing Board, the Department of Justice, or within PSNI command structures?
Yes. Performance and learning in relation to SPO usage are reported through established Police Service governance mechanisms, and through engagement with external oversight bodies including the Northern Ireland Policing Board and the Department of Justice, as appropriate.
This ensures transparency, accountability, and shared understanding of both progress and challenges in operational deployment.
22. How does PSNI evaluate whether the current low usage aligns with legislative intent and victim safeguarding needs?
It is accepted that SPO usage figures are currently low and this is subject of active review to understand the cause. This includes analysis of awareness, decision-making thresholds, process barriers, and cultural confidence in using the Orders.
Engagement with the Public Prosecution Service, the judiciary, and partners is ongoing to identify learning and remove unnecessary barriers, ensuring that SPOs are used where they can provide timely and proportionate protection to victims, in line with legislative intent.
Public Protection Policy, Legal Services and the PPS are meeting with the judiciary in May 2026 to discuss current policy and processes involving in the SPO process.
23. Does PSNI believe further statutory guidance, operational clarification, or training resources are needed?
The Police Service would welcome a review of departmental review by the Department of Justice in respect of statutory guidance informed by several years of frontline operational experience. Such a review would help ensure that legislative intent, operational processes, and victim safeguarding objectives are fully aligned and remain fit for purpose. A meeting is being arranged in June 2026 to discuss.
Clearer guidance on evidential expectations—particularly for interim SPOs—and stronger multi-agency frameworks to support positive requirements would enhance the effectiveness and impact of SPOs in practice.
24. Is there anything PSNI considers necessary from the Department of Justice, the Policing Board, PPS or the Assembly to improve operational deployment?
SPOs allow for positive conditions and the Department of Justice guidance suggests this can include offender prevention programmes. We are not aware of any specific Northern Ireland based stalking prevention intervention programmes to which those subject to an SPO could be referred.
This could be considered by the Department of Justice in order to enable effective signposting/directed positive requirements to specific or targeted offender intervention programmes.
PSNI would welcome the introduction of commencement legislation within the jurisdiction following the passage of the Crime and Policing Act 2026 in April 2026. The introduction of this legislation in Northern Ireland will enable consideration by the Courts and PPS of stalking protection orders on conviction. The Department of Justice may wish to consider reform of the interim SPO process to allow for ex parte hearings.
Cheryl Brownlee MLA - DUP