Domestic Abuse Act 2021

26 Breach of notice

(1) If a constable has reasonable grounds for believing that a person is in breach of a domestic abuse protection notice, the constable may arrest the person without warrant.

(2) A person arrested by virtue of subsection (1) must be held in custody and brought before the appropriate magistrates’ court—

(a) before the end of the period of 24 hours beginning with the time of the arrest, or

(b) if earlier, at the hearing of the application for a domestic abuse protection order against the person (see section 28(3)).

(3) In subsection (2) “the appropriate magistrates’ court” means the magistrates’ court which is to hear the application mentioned in subsection (2)(b).

(4) In calculating when the period of 24 hours mentioned in subsection (2)(a) ends, the following days are to be disregarded—

(a) any Sunday,

(b) Christmas Day,

(c) Good Friday, and

(d) any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.

(5) If the person is brought before the court as mentioned in subsection (2)(a), the court may remand the person.

(For power to remand a person brought before the court as mentioned in subsection (2)(b), see section 29(8).)

(6) In the application of section 128(6) of the Magistrates’ Courts Act 1980 to remand under subsection (5) above, the reference to the “other party” is to be read as a reference to the senior police officer who gave the notice.

(7) The court may, when remanding the person on bail, require the person to comply, before release on bail or later, with any requirements that appear to the court to be necessary to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice.

(8) Sections 57A(2) and 57C of the Crime and Disorder Act 1998 (use of live link at preliminary hearings where accused is at police station) apply in relation to hearings arising by virtue of subsection (2)(a) as they apply in relation to preliminary hearings in a magistrates’ court (within the meaning of section 57A(3) of that Act), but as if—

(a) any reference in section 57C of that Act to being in police detention in connection with an offence were a reference to being held in custody under subsection (2) above, and

(b) subsections (4), (10) and (11) of that section were omitted.

(9) In section 17(1) of the Police and Criminal Evidence Act 1984 (entry for purpose of arrest etc), after paragraph (c) insert—

“(cza) of arresting a person who the constable has reasonable grounds for believing is in breach of a domestic abuse protection notice given under section 22 of the Domestic Abuse Act 2021;”.