Section 6 – Further requirements in relation to notice
47.Section 6 sets out further requirements regarding the content and giving of a DAPN.
48.Section 6(1) provides that a DAPN must be in writing.
49.Section 6(2) sets out the information that must be included in a DAPN.
50.Section 6(2)(a) provides that a DAPN must state that the senior constable who made the notice had reasonable grounds for believing that: person A has engaged in behaviour which is abusive of person B; it is necessary for a DAPO to be made to protect person B from abusive behaviour by person A; and there is a risk of person A engaging in further behaviour which is abusive of person B immediately and it is necessary to make the DAPN to protect B from that behaviour. Section 6(3) makes clear that the reference to “immediately” in section 6(2)(a)(iii) has the same meaning given by section 4(2) which means in the period before the sheriff can make an interim DAPO or a full DAPO.
51.Section 6(2)(b) provides that a DAPN must state that the person against whom it has been made commits an offence if, without reasonable excuse, they fail to do anything that they are required to do by the notice, or do anything which they are prohibited from doing by the notice (see section 7).
52.Sections 6(2)(c) to (g) set out the information about the procedure for applying for a DAPO that requires to be included in a DAPN. It must explain that the police will make an application to the sheriff for a DAPO no later than the first court day after the day on which the DAPN is given to person A, that person A will be given notice of the hearing on the application for a DAPO which, in accordance with section 11(3), will be held no later than the first court day after the day on which the application is made, that the DAPN ceases to have effect when the sheriff makes a DAPO or interim DAPO, or otherwise when the hearing ends and that a DAPO may impose such requirements and prohibitions as the sheriff considers to be necessary for the purpose of protecting person B from abusive behaviour by person A. Section 6(4) requires the DAPN to be given in person to person A by a constable.
53.Section 6(5) places a duty on the constable to ask person A for an address at which they can be contacted in order to give them notice of the hearing on the application for a DAPO. If an address is not voluntarily provided in response to such a request and the DAPN includes the requirement mentioned in section 5(3), person B then becomes obliged to provide such an address (or alternatively to undertake to provide an address at a later point in time or to attend a specified police station at a specified time to be given notice of the hearing).
