Before section 5 of the Principal Act , the following section is inserted in Part 2:

4E.     Power of certain officers to admit person to bail

(1)  In this section –

family violence offence has the same meaning as in the Family Violence Act 2004 ;

family violence order has the same meaning as in the Family Violence Act 2004 ;

prescribed officer means –

(a) a police officer who, under section 14 of the Criminal Law (Detention and Interrogation) Act 1995  –

(i) has been appointed as the custody officer for a designated police station, within the meaning of section 13 of that Act; or

(ii) is entitled to perform and is performing the functions of a custody officer at such a designated police station; or

(b) in the case of an offence against the Road Safety (Alcohol and Drugs) Act 1970 , an approved operator within the meaning of section 3(5) of that Act; or

(c) in the case of an offence against the Marine Safety (Misuse of Alcohol) Act 2006 , a person who is an approved operator within the meaning of that Act;

protected person means a person –

(a) in relation to whom a family violence offence is alleged to have been committed; or

(b) for whose benefit a restraint order is sought or was made;

restrained person means a person taken into custody –

(a) in relation to the alleged commission of a family violence offence; or

(b) to facilitate the making of an application for a restraint order; or

(c) in relation to an alleged contravention of a restraint order.

(2)  If a person has been taken into custody in pursuance of a warrant issued under section 12 by the Magistrates Court (Criminal and General Division) in respect of an offence or a breach of duty, or to facilitate the making of an application for a restraint order, a prescribed officer is to –

(a) inquire into the case; and

(b) admit that person to bail unless –

(i) the person is detained under section 4 of the Criminal Law (Detention and Interrogation) Act 1995 ; or

(ii) there are reasonable grounds for believing that to do so would not be desirable in the interests of justice.

(3)  In determining whether there are reasonable grounds for believing that it would not be desirable in the interests of justice for a restrained person to be admitted to bail, the prescribed officer –

(a) must consider the protection and welfare of the protected person to be of paramount importance; and

(b) must take into account any previous violence by the restrained person against the protected person or any other person, whether or not the restrained person was convicted of an offence, or had a prior family violence order or prior restraint order made against him or her, in respect of that previous violence; and

(c) must take into account whether a recognised DVO, within the meaning of the Domestic Violence Orders (National Recognition) Act 2016 , or a restraint order, is in force in respect of that person.

(4)  If a person has been refused bail under this section, he or she may not appeal against that refusal.

(5)  A person who –

(a) is not detained under section 4 of the Criminal Law (Detention and Interrogation) Act 1995 ; but

(b) has been refused bail under this section –

is to be taken before the Magistrates Court (Criminal and General Division) as soon as is reasonably practicable.