Arrest and remand
Section 43 Arrest without warrant
254.This section provides that if a power of arrest has been attached to any of the prohibitions or requirements contained in an injunction then a police officer may arrest without warrant a respondent who is reasonably suspected to be in breach of that prohibition or requirement.
255.Subsection (3) requires the officer to inform the original injunction applicant of the arrest.
256.A person who is arrested under this section must be brought before a relevant judge within 24 hours of being arrested. If the matter is not dealt with then the court is permitted to remand the person.
257.Subsection (7) defines a “relevant judge”.
Section 44 Issue of warrant of arrest
258.This section allows a court to grant a warrant for arrest if it believes that the respondent is in breach of any provision of the injunction. The warrant must be applied for by the original injunction applicant.
259.The court has the power of remand if the matter is not disposed of.
Section 45 Remand for medical examination and report
260.If a person has been arrested, with or without a warrant, this section allows a court to remand a person for the purpose of medical examination and report if they have reason to consider that such a report will be required.
261.Subsection (3) sets out that, where that remand is in custody, the adjournment must not be for more than three weeks at a time.
262.Subsection (4) provides that, where such remand is on bail, the adjournment must not be for more than four weeks at a time.
263.Subsection (5) gives the court the power to make an order under section 35 of the Mental Health Act 1983 (“MHA”) if it suspects that the arrested individual is suffering from a mental disorder. Section 35 of the MHA enables a court to remand an individual to a hospital specified by the court for a report on his mental condition. The court can exercise this power if it is satisfied on the written or oral evidence of a registered medical practitioner that there is reason to suspect that the person is suffering from a mental disorder and the court is of the opinion that it would be impracticable for a report on the person's mental condition to be made if he or she were remanded on bail.
Section 46 Further provision about remands and Schedule 5 Injunctions: powers to remand
264.Section 46 introduces Schedule 5 to the Act, which makes further provision about the powers to remand under sections 43 and 44.
265.Paragraph 2 of Schedule 5 provides that the court may either remand the individual in custody or on bail. If the remand is on bail, this paragraph ensures that the court can take a recognizance from the individual or fix the amount of a recognizance to be taken subsequently.
266.Paragraph 4 sets out that the maximum time for a remand in custody is eight clear days, unless both the individual and the applicant consent to a longer period.
267.Paragraph 5 provides that the court may further remand an individual in his absence, if the individual does not appear in court due to accident or illness and that the court may, for an individual remanded on bail, enlarge the individual’s recognizance.
268.Paragraph 6 enables the court to postpone the taking of a recognizance for it to be taken in accordance with the rules of court.
269.Paragraph 7 ensures that the court may impose conditions on an individual remanded on bail.
