Western Australian Current Acts

FAMILY COURT ACT 1997 - SECT 236

236 .         Powers of arrest where injunction breached — FLA s. 68C and s. 114AA

        (1)         If —

            (a)         an injunction is in force under section 235 or 235A for the personal protection of a person (the protected person ); and

            (b)         a member of the Police Force believes, on reasonable grounds, that the person (the respondent ) against whom the injunction is directed has breached the injunction by causing, or threatening to cause, bodily harm to the protected person or by harassing, molesting or stalking the protected person,

                then the member of the Police Force may arrest the respondent without warrant.

        (2)         For the purposes of subsection (1), an injunction granted under section 235 or 235A is an injunction for the personal protection of a person if, and only if, it is expressed to be for the personal protection of the person.

        (3)         Where a respondent is arrested under subsection (1) —

            (a)         the member of the Police Force must —

                  (i)         ensure that the respondent is brought before either the court that granted the injunction or another court before the end of the holding period; and

                  (ii)         take all reasonable steps to ensure that, before the respondent is so brought before a court, the protected person is aware that the respondent has been arrested and of the court before which the respondent is to be brought;

                and

            (b)         the respondent must not be released before the end of the holding period except under an order of either the court that granted the injunction or another court,

                but nothing in this subsection authorises the keeping of the respondent in custody after the end of the holding period.

        (4)         Where a respondent is brought before a court in accordance with subsection (3), the court must —

            (a)         if there is an application before the court for the respondent to be dealt with for breach of the injunction, forthwith proceed to hear and determine that application; or

            (b)         if there is no application before the court as mentioned in paragraph (a), order that the respondent be released forthwith.

        (5)         Where —

            (a)         a respondent is brought before a court in accordance with subsection (3); and

            (b)         the court proceeds to hear and determine an application for the respondent to be dealt with for breach of an injunction as mentioned in subsection (4)(a); and

            (c)         at the end of the holding period the proceedings have not been determined,

                the respondent may be kept in custody after the end of the holding period until —

            (d)         the court gives its decision on the proceedings; or

            (e)         the court orders that the respondent be released; or

            (f)         the court adjourns the hearing for a period of more than 24 hours,

                whichever happens first.

        (6)         In this section —

        holding period , in relation to a person’s arrest, means the period starting when the person is arrested and ending at the close of business on the next day that is not a Saturday, Sunday or public holiday.

        [Section 236 amended: No. 25 of 2002 s. 49 and 69.]