PC Webb attends a domestic incident where Hargreaves has assaulted his partner. Hargreaves is not arrested. The attending sergeant considers whether to issue a Domestic Abuse Protection Notice. Which of the following correctly states the threshold for issuing a DAPN?
- AA DAPN can only be issued by an officer of inspector rank or above following consultation with a superintendent
- BA DAPN requires the consent of the victim before it can be issued - without that consent the notice has no legal effect
- CA senior police officer may issue a DAPN where there are reasonable grounds to believe the person has been abusive towards a person aged 16 or over to whom they are personally connected and that the notice is necessary to protect that person
- DA DAPN can only be issued after a previous domestic incident has been recorded at the same address within the preceding 12 months
Show answer and explanation
Under the Domestic Abuse Act 2021 a senior police officer - defined as inspector rank or above - may issue a Domestic Abuse Protection Notice where they have reasonable grounds to believe that the person has been abusive towards a person aged 16 or over to whom they are personally connected, and that the notice is necessary to protect that person from domestic abuse or the risk of it. The victim's consent is not required. There is no requirement for a previous recorded incident.
- A: The threshold does not require superintendent consultation. An inspector or above may issue the notice on their own authority where the statutory grounds are met.
- B: The victim's consent is not a prerequisite for issuing a DAPN. The protection exists to safeguard victims who may be unwilling or unable to give consent. Requiring consent would undermine the protective purpose of the notice.
- D: There is no requirement for a previous recorded incident at the same address. The test is whether there are reasonable grounds to believe abuse has occurred and the notice is necessary - previous history may be relevant evidence but is not a statutory prerequisite.