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CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 49
Circumstances in which police must make application for order
49 Circumstances in which police must make application for order
(1) An application for an order must be made if a police officer investigating
the matter concerned suspects or believes that- (a) a
domestic violence offence or an offence against section 13 has recently been
or is being committed, or is imminent, or is likely to be committed, against
the person for whose protection an order would be made, or
(b) an offence
under section 227 (Child and young person abuse) of the
Children and Young Persons (Care and Protection) Act 1998 (but only in
relation to a child) has recently been or is being committed, or is imminent,
or is likely to be committed, against the person for whose protection an order
would be made, or
(c) proceedings have been commenced against a person for an
offence referred to in paragraph (a) or (b) against the person for whose
protection an order would be made.
(2) The application may be made by any
police officer.
(3) An application need not be made in the circumstances
referred to in subsection (1) if an apprehended violence order is already in
force for the protection of the person concerned or if an application has been
made for a provisional order for the protection of the person.
(4) An
application need not be made in the circumstances referred to in subsection
(1) if the person for whose protection an apprehended violence order would be
made is at least 16 years of age at the time and the police officer
investigating the matter believes- (a) that the person intends to make the
application, or
(b) that there is good reason not to make the application.
(5) However, if the police officer investigating the matter believes that
there is good reason not to make the application, the police officer must make
a written record of the reason.
(6) For the purposes of subsection (4), the
reluctance of the person to make an application does not, on its own,
constitute a good reason for a police officer not to make an application if
the police officer reasonably believes that- (a) the person has been the
victim of violence or there is a significant threat of violence to the person,
or
(b) the person has an intellectual disability and has no guardian.
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