Courts to be given power to issue restraining orders against stalkers 

Having launched Zaro Tolerance last month, Minister for Justice Helen McEntee said this legislation is timely and important. Picture: Conor Ó Mearáin 

Courts will be able to issue restraining orders against stalkers under new laws agreed by the Government.

The civil orders will be easier for victims to obtain, Justice Minister Helen McEntee said.

Ms McEntee has been given Government approval for the Criminal Justice (Miscellaneous Provisions) Bill 2022 which will now be brought before the Oireachtas and is expected to become law in the autumn.

The new law will increase the maximum sentence for assault causing harm from five years to 10 years, allow life sentences for conspiracy to murder, make stalking and non-fatal strangulation standalone offences, and expand the existing harassment offence.

The new system of civil orders is seen as an important step as these target stalking at an early stage, before it progresses to the level of seriousness seen in some of the criminal convictions, the Department of Justice said.

For an order to be made, the court must be satisfied that there are reasonable grounds for believing that the accused has engaged in ‘relevant conduct’ towards the applicant and it is "necessary and proportionate to protect the safety and welfare of the applicant".

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Relevant conduct covers anything that either puts the victim "in fear of violence or causes the victim serious alarm and distress that has a substantial adverse impact on their usual day-to-day activities". 

A wide list of possible acts is included — such as following, communicating, impersonating, interfering with property or pets. 

The new stalking offence can be committed by a single act — it does not need to be persistent or repeated. It also covers situations where the person finds out about some or all of the stalking acts afterwards, with the maximum penalty set to be up to 10 years in prison.

It is not necessarily required to prove any effect on the person applying for the order, or any intention on behalf of the accused — an order can simply be based on the conduct having occurred. 

When making an order, the court may prohibit the respondent from engaging in the behaviour which justified making the order, and also in other forms of behaviour like following or communicating with the applicant.

Evidence from other jurisdictions has noted an increase in convictions when stalking was made a standalone offence.

The changes to the harassment offence will see it significantly expanded to cover any persistent conduct that seriously interferes with a person’s peace and privacy, or causes alarm or distress of harm.

Standalone offences

The bill also provides for the creation of two standalone offences for non-fatal strangulation.

The first provides that where an assault involves strangulation it has, without any other harm being shown, the same penalties as an assault causing harm offence, which is being increased to 10 years. 

The second offence provides that where the strangulation caused serious harm, the maximum penalty is life imprisonment, similar to the existing offence of causing serious harm.

Research suggests that a history of strangulation presents a seven-fold increase in the risk of death. 

Internationally, strangulation is the second-most common method of killing in adult female homicides, after stabbing.

Ms McEntee said: “I launched  Zero Tolerance, our new national strategy on domestic, sexual and gender-based violence last month and a key aspect is reforming criminal law in this area, and this legislation is timely and important. 

“Stalking is an extremely serious and intrusive crime that can cause devastating psychological distress."