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Domestic Abuse Act 2021
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This version of this provision is prospective.
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Changes to legislation:
Domestic Abuse Act 2021, Section 26 is up to date with all changes known to be in force on or before 25 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 49A 49B and cross-heading inserted by 2024 c. 21 s. 20(2)
- s. 56(4)(c) inserted by 2024 c. 21 s. 20(4)
- s. 87(6)(aa) inserted by 2024 c. 21 s. 20(5)
Prospective
26Breach of noticeE+W
This section has no associated Explanatory Notes
(1)If a constable has reasonable grounds for believing that a person is in breach of a domestic abuse protection notice, the constable may arrest the person without warrant.
(2)A person arrested by virtue of subsection (1) must be held in custody and brought before the appropriate magistrates' court—
(a)before the end of the period of 24 hours beginning with the time of the arrest, or
(b)if earlier, at the hearing of the application for a domestic abuse protection order against the person (see section 28(3)).
(3)In subsection (2) “the appropriate magistrates' court” means the magistrates' court which is to hear the application mentioned in subsection (2)(b).
(4)In calculating when the period of 24 hours mentioned in subsection (2)(a) ends, the following days are to be disregarded—
(a)any Sunday,
(b)Christmas Day,
(c)Good Friday, and
(d)any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.
(5)If the person is brought before the court as mentioned in subsection (2)(a), the court may remand the person.
(For power to remand a person brought before the court as mentioned in subsection (2)(b), see section 29(8).)
(6)In the application of section 128(6) of the Magistrates' Courts Act 1980 to remand under subsection (5) above, the reference to the “other party” is to be read as a reference to the senior police officer who gave the notice.
(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.
[F1(8)The requirement in subsection (2) to bring a person before the court is satisfied if the person appears before the court through a live video link or live audio link (within the meaning given by section 56 of the Criminal Justice Act 2003).]
(9)In section 17(1) of the Police and Criminal Evidence Act 1984 (entry for purpose of arrest etc), after paragraph (c) insert—
“(cza)of arresting a person who the constable has reasonable grounds for believing is in breach of a domestic abuse protection notice given under section 22 of the Domestic Abuse Act 2021;”.
Textual Amendments
F1S. 26(8) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(y), Sch. 20 para. 9
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