Police Powers and Duties Act

Brief Description

Parliament passed the Police Powers and Duties Act (PPDA) which specifically mandates the Police to respond to issues concerning domestic violence. Section 40 of the PPDA makes domestic violence a criminal offence. Section 42 of the PPDA further stipulates that a Police Officer may make a Police Order if the Police Officer has a reasonable belief that a person has committed an act of domestic violence and is likely again to commit such an act or a child has been exposed to an act of domestic violence committed by or against the person with whom the child is in a domestic relationship and the child is likely again to be exposed to such an act.  The officer may also have reasonable fears that a person will commit against him or her an act of domestic violence or a child will be exposed to an act of domestic violence committed by or against a person with whom the child is in a domestic relationship and reasonably believes that making an order is necessary to ensure the safety of a person.

Article 32 deals with domestic violence by providing a definition of domestic violence and violence. 

Division 2.9.3 of Part 2 of the Police Powers and Duties Act (2009) entitled "Domestic Violence" (Articles 40-51) stipulates that police officers have the power to issue a Police Order provided conditions contained in Article 43 are fullfilled.  Article 50 does not create a domestic violence offense but provides for an offense where the perpetrator breaches the terms and conditions of a Police Order.