New South Wales Consolidated Acts

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 89B

89B Detention of defendant where recognised domestic violence order may be in force

(1) A police officer who has grounds to make an application for a provisional order against a person may, for the purposes of ascertaining whether there is already a non-local domestic violence order in force against the person or obtaining a copy of any such order (or both), give any of the following directions to the person--

(a) that the person remain at the scene where the relevant incident occurred,

(b) in a case where the person has left the scene of that incident--that the person remain at another place where the police officer locates the person,

(c) that the person go to and remain at another place that has been agreed to by the person,

(d) that the person go to and remain at a specified police station,

(e) that the person accompany a police officer to a police station and remain at the police station,

(f) that the person accompany a police officer to another place that has been agreed to by the person, or to another place (whether or not agreed to by the person) for the purpose of receiving medical attention, and remain at that other place.

(2) If a person refuses or fails to comply with a direction under this section, the police officer who gave the direction or another police officer may detain the person at the scene of the relevant incident or other place, or detain the person and take the person to a police station.

(3) If a direction is given under subsection (1)(e) or (f), the police officer may detain the person in the vehicle in which the person accompanies the police officer to the police station or other place for so long as is necessary to transport the person to the police station or other place.

(4) In considering whether to detain a person under subsection (3), a police officer may have regard to the following matters--

(a) the need to ensure the safety of the person who would be protected by the provisional order, including the need to--

(i) remove the defendant from the scene of the relevant incident, and

(ii) prevent substantial damage to property,

(b) the circumstances of the defendant,

(c) any other relevant matter.