FAMILY VIOLENCE ACT 2004 - SECT 11 Arrest and detention
FAMILY VIOLENCE ACT 2004 - SECT 11
Arrest and detention
(1) Where a police officer reasonably suspects that a person has committed family violence, the officer may arrest that person without a warrant.(2) Subject to subsection (4) , a person taken into custody under this section or section 10 must be brought before a court as soon as practicable after being taken into custody unless released unconditionally or under section 34 of the Justices Act 1959 .(3) Subject to subsection (4) of this section, section 4 of the Criminal Law Detention and Interrogation Act 1995 applies to a person taken into custody under subsection (1) .(4) A police officer may detain a person taken into custody under subsection (1) for a period reasonably required to do any or all of the following:(a) determine the charge or charges which should be laid in relation to the family violence;(b) carry out a risk screening or safety audit;(c) implement the measures identified by a safety audit where it is practical to do so;(d) make and serve a PFVO or an application for an FVO.(5) In deciding whether to arrest a person under subsection (1) , the police officer is to give priority to the safety, wellbeing and interests of any affected person or affected child.(6) A police officer may detain a person for a period reasonably required to enable the police officer to determine the status of a non-local DVO , as defined in the Domestic Violence Orders (National Recognition) Act 2016 .