Section 2: Power to make Orders
This section sets out the powers of the magistrates’ court to make a stalking protection order, the grounds on which the court may make an order and what may be included in the terms of an order.
	Subsection (1) requires that a magistrates’ court must be satisfied that the defendant has carried out acts associated with stalking; that they pose a risk of stalking to another person; and that each of the prohibitions and requirements included within the terms of the order is necessary in order to protect the other person from that risk.
	Subsection (3) provides that any prohibitions or requirements included within the terms of the order (if deemed necessary as defined in subsection (2)) must, so far as is practicable, avoid conflict with the defendant’s religious beliefs, or their work or educational obligations. The intention of this subsection is to ensure that the terms of the order are proportionate.
	Subsection (4) provides that the defendant must comply with a prohibition or requirement in all parts of the United Kingdom, unless it is expressly limited to a particular locality.
	Subsection (5) reiterates the provisions of Section 1(5) with respect to locations or times at which acts which provide the grounds for an order may have been carried out.
	Subsections (6) and (7) apply when an order is being made in relation to a defendant who is already the subject of another stalking protection order. This scenario could arise, for example, in the case of a serial stalker who is stalking multiple victims. Subsection (7) provides that the terms of the different orders must not contradict each other. For example, the new order cannot require the defendant to attend a perpetrator intervention programme at a location which the earlier order prohibits them from entering.
	The making of, or the refusal to make, an order under this section can be appealed to the Crown Court. The appeals process is set out at Section 7.