FAMILY VIOLENCE ACT 2004 - SECT 25A Powers of court to remand in custody, admit to bail, &c.
FAMILY VIOLENCE ACT 2004 - SECT 25A
Powers of court to remand in custody, admit to bail, &c.
(1) If for any reason the proceedings in respect of an application for an FVO are adjourned, a court may decide to (a) remand the respondent to the application in custody and issue a warrant accordingly; or(b) admit the respondent to the application to bail; or(c) issue a summons to the respondent to the application ordering the respondent to appear before a court at a time and place, mentioned in the summons, to which the proceedings are adjourned.(2) In making a decision under subsection (1) , the court must consider the safety and interests of the respondent's spouse or partner, and any affected child, to be of paramount importance.(3) If a court remands a respondent to an application for an FVO in custody in accordance with subsection (1)(a) , the court is to (a) specify in the warrant (i) that the respondent is to be kept in custody for a period not exceeding 28 days at any one time; and(ii) the date the respondent is to be brought before the court; and(b) inform the respondent of the matters specified in the warrant in accordance with paragraph (a) .(4) The period for which a respondent to an application for an FVO may be admitted to bail in accordance with subsection (1)(b) must not exceed 60 days.