PART 3

Powers for dealing with domestic abuse

Domestic abuse protection notices

Further requirements in relation to notices
25
1
A domestic abuse protection notice must be in writing.
2
A domestic abuse protection notice given to a person (“P”) must state—
a
the grounds on which it has been given,
b
that a constable may arrest P without warrant if the constable has reasonable grounds for believing that P is in breach of the notice,
c
that an application for a domestic abuse protection order under section 28 will be heard by a magistrates’ court within 48 hours of the time of giving the notice (disregarding any days mentioned in section 29(3)) and a notice of the hearing will be given to P,
d
that the notice continues in effect until that application has been determined or withdrawn, and
e
the provision that a magistrates’ court may include in a domestic abuse protection order.
3
The notice must be served on P personally by a constable.
4
On serving the notice on P, the constable must ask P for an address at which P may be given the notice of the hearing of the application for the domestic abuse protection order.
5
Subsection (6) applies where—
a
a senior police officer gives a domestic abuse protection notice to a person (“P”) who the officer believes is a person subject to service law in accordance with sections 367 to 369 of the Armed Forces Act 2006,
b
the notice includes provision by virtue of section 23(2) prohibiting P from entering premises, or requiring P to leave premises, and
c
the officer believes that the premises are relevant service accommodation.
6
The officer must make reasonable efforts to inform P’s commanding officer of the giving of the notice.
7
In this section—
- “commanding officer” has the meaning given by section 360 of the Armed Forces Act 2006;
- “relevant service accommodation” means premises which fall within paragraph (a) of the definition of “service living accommodation” in section 96(1) of that Act.