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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 .