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CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 27

Obligation to apply for provisional order in certain circumstances

27 Obligation to apply for provisional order in certain circumstances

(1) An application must be made for a provisional order if--
(a) a police officer investigating the incident concerned suspects or believes that--
(i) a domestic violence offence or an offence against section 13 has recently been or is being committed, or is imminent, or is likely to be committed, against the person for whose protection an order would be made, or
(ii) an offence under section 227 (Child and young person abuse) of the Children and Young Persons (Care and Protection) Act 1998 (but only in relation to a child) has recently been or is being committed, or is imminent, or is likely to be committed, against the person for whose protection an order would be made, or
(iii) proceedings have been commenced against a person for an offence referred to in subparagraph (i) or (ii) committed against the person for whose protection an order would be made, and
(b) the police officer has good reason to believe an order needs to be made immediately to ensure the safety and protection of the person who would be protected by the order or to prevent substantial damage to any property of that person.
(2) The application may be made by any police officer.
(3) An application need not be made in the circumstances referred to in subsection (1) if an apprehended violence order is already in force against the defendant for the protection of the person concerned.
(4) An application need not be made in the circumstances referred to in subsection (1) if the person for whose protection an order would be made is at least 16 years of age at the time of the incident and a police officer investigating the incident believes--
(a) that the person intends to make an application for an apprehended violence order, or
(b) that there is good reason not to make the application.
(5) However, if the police officer investigating the incident believes that there is good reason not to make the application, the police officer must make a written record of the reason.
(6) For the purposes of subsection (4), the reluctance of the person to make an application does not, on its own, constitute a good reason for a police officer not to make an application if the police officer reasonably believes that--
(a) the person has been the victim of violence or there is a significant threat of violence to the person, or
(b) the person has an intellectual disability and has no guardian.



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