CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 90
Detention of defendant for service of order or variation
CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 90
Detention of defendant for service of order or variation
90 Detention of defendant for service of order or variation
(1) A police officer who reasonably suspects that a person is the defendant in
relation to an apprehended violence order may direct the person to remain
where the person is for the purpose only of serving on the person a copy of
the order, or a variation of the order, that is required to be served
personally under this Act.
(1A) A police officer who reasonably suspects that
a person is a defendant under a non-local domestic violence order may direct
the person to remain where the person is for the purpose only of serving on
the person a copy of the order, or a variation of the order, if the law of the
jurisdiction in which the order or variation was made requires the order or
variation to be served personally.
(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 place where the person
is, or detain the person and take the person to a police station, for the
purpose only of serving the order or variation on the person.
Note : Division
1A of Part 3 of the Law Enforcement (Powers and Responsibilities) Act 2002
enables a police officer to require the name of a person who the police
officer suspects on reasonable grounds may be the defendant in relation to an
apprehended violence order. Section 87 of that Act provides that if a police
officer enters a dwelling under a power conferred by that Act and believes on
reasonable grounds that a dangerous article or dangerous implement that may
have been used or may be used to commit a domestic violence offence is in the
dwelling, the police officer may search for the article or implement and seize
and detain it.