PART 3

Powers for dealing with domestic abuse

Domestic abuse protection notices

Matters to be considered before giving a notice
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1
Before giving a domestic abuse protection notice to a person (“P”), a senior police officer must, among other things, consider the following—
a
the welfare of any person under the age of 18 whose interests the officer considers relevant to the giving of the notice (whether or not that person and P are personally connected);
b
the opinion of the person for whose protection the notice would be given as to the giving of the notice;
c
any representations made by P about the giving of the notice;
d
in a case where the notice includes provision relating to premises lived in by the person for whose protection the notice would be given, the opinion of any relevant occupant as to the giving of the notice.
2
In subsection (1)(d) “relevant occupant” means a person other than P or the person for whose protection the notice would be given—
a
who lives in the premises, and
b
who is personally connected to—
i
the person for whose protection the notice would be given, or
ii
if P also lives in the premises, P.
3
The officer must take reasonable steps to discover the opinions mentioned in subsection (1).
4
It is not necessary for the person for whose protection a domestic abuse protection notice is given to consent to the giving of the notice.