Crime and Security Act 2010

Crime and Security Act 2010

2010 CHAPTER 17

Commentary on Sections

Domestic violence

Section 24: Power to issue a domestic violence protection notice

78. Section 24 creates a new power for a senior police officer to issue a Domestic Violence Protection Notice (DVPN). The purpose of a DVPN is to secure the immediate protection of a victim of domestic violence (V) from future violence or a threat of violence from a suspected perpetrator (P). A DVPN prohibits P from molesting V and, where they cohabit, may require P to leave those premises.

79. The issue of a DVPN triggers an application for a Domestic Violence Protection Order (DVPO). This is an order lasting between 14 and 28 days, which prohibits P from molesting V and may also make provision about access to shared accommodation by P and V. Sections 27 to 30 deal with DVPOs.

80. Section 24 sets out the conditions and considerations that must be met in order for the police to issue a DVPN.

81. Subsection (1) creates the power for a senior police officer, of rank of superintendent or higher (the “authorising officer”), to issue a DVPN.

82. Subsection (2) sets out the test for issuing a DVPN. A DVPN may be issued where the authorising officer has reasonable grounds for believing that, firstly, P has been violent or has threatened violence towards an associated person, V, and that, secondly, the issue of a notice is necessary in order to secure the protection of V from violence or the threat of violence. “Associated person” is defined in subsection (9) (see below).

83. Subsections (3) and (4) set out particular matters that the authorising officer must take into consideration before issuing a DVPN. The authorising officer must consider the welfare of any child whose interests the officer considers relevant. The authorising officer must take reasonable steps to find out the opinion of V as to whether the DVPN should be issued. Consideration must also be given to any representation P makes in relation to the issuing of the DVPN. Where the DVPN is to include conditions in relation to the occupation of premises shared by P and V, reasonable steps must also be taken to find out the opinion of any other associated person who lives in the premises.

84. While the authorising officer must take reasonable steps to discover V’s opinion, and must take this into consideration, the issue of the notice is not dependent upon V’s consent, as the authorising officer may nevertheless have reason to believe that V requires protection from P. Subsection (5) specifies that an authorising officer may issue a DVPN, regardless of consent from V.

85. Subsection (6) ensures that a DVPN must contain provision to prohibit P from molesting V for the duration of the DVPN. As set out in subsection (7), this may include molestation in general, particular acts of molestation, or both.

86. Subsection (8) specifies that where P and V share living premises, the DVPN may explicitly: prohibit P from evicting or excluding V from the premises; prohibit P from entering the premises; require P to leave the premises; or prohibit P from coming within a certain distance of the premises (as specified in the DVPN) for the duration of the DVPN. It does not matter for these purposes whether the premises are owned or rented in the name of P or V.

87. Subsection (9) specifies the definition of “associated person”, for whom the DVPN would seek to provide protection. The definition is that given in section 62 of the Family Law Act 1996 and includes persons:

• who are, or have been, married to each other or civil partners of each other;

• who are cohabitants or former cohabitants;

• who live, or have lived, in the same household, otherwise than merely by reason of one of them being the other’s employee, tenant, lodger or boarder;

• who are relatives;

• who have agreed to marry one another or to enter into a civil partnership agreement (whether or not that agreement has been terminated);

• who have or have had an intimate personal relationship with each other which is or was of significant duration.

88. Under subsections (10) and (11), where a DVPN is issued which prevents P from entering premises, and the authorising officer believes that P is subject to service law and the premises are service living accommodation, then the authorising officer must make reasonable efforts to inform P’s commanding officer that the notice has been issued. “Service living accommodation” carries the same meaning as in section 96(1)(a) of the Armed Forces Act 2006, being a building or part of a building which is occupied for the purposes of Her Majesty’s Armed Forces and is provided exclusively for use as living accommodation. Section 32 provides for the issuing of a DVPN in respect of such premises by the Ministry of Defence Police.