Domestic Abuse Act 2021

30 Remand under section 29(8) of person arrested for breach of notice

(1) This section applies where—

(a) as a result of a person being given a domestic abuse protection notice under section 22, a chief officer of police has applied for a domestic abuse protection order against the person, and

(b) the magistrates’ court remands the person under section 29(8).

(2) In the application of section 128(6) of the Magistrates’ Courts Act 1980 to such remand, the reference to the “other party” is to be read as a reference to the chief officer of police who applied for the order.

(3) If the court has reason to suspect that a medical report will be required, the power to remand the person may be exercised for the purpose of enabling a medical examination to take place and a report to be made.

(4) If the person is remanded in custody for that purpose, the adjournment may not be for more than 3 weeks at a time.

(5) If the person is remanded on bail for that purpose, the adjournment may not be for more than 4 weeks at a time.

(6) If the court has reason to suspect that the person is suffering from mental disorder within the meaning of the Mental Health Act 1983, the court has the same power to make an order under section 35 of that Act (remand to hospital for report on accused’s mental condition) as it has under that section in the case of an accused person (within the meaning of that section).

(7) The court may, when remanding the person on bail, require the person to comply, before release on bail or later, with any requirements that appear to the court to be necessary to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice.