Part 3: Powers for dealing with domestic abuse Section 48: Nature of certain proceedings under this Part
Subsection (1) provides that proceedings before a magistrates’ court or the Crown Court in respect of the making of a DAPO on the conclusion of criminal proceedings, or in respect of the variation or discharge of a DAPO made in such circumstances, are civil proceedings.
	Subsection (2) provides that, a magistrates’ court or the Crown Court, may, in deciding whether to make a DAPO on the conclusion of criminal proceedings, consider evidence which was inadmissible in the criminal proceedings. This could include hearsay or bad character evidence.
	Subsection (3) enables a magistrates’ court or the Crown Court to adjourn proceedings, for example after passing sentence on a perpetrator, to enable further enquiries to be made before determining whether to make a DAPO.
	Subsection (4) provides that where a perpetrator has been convicted of an offence but is conditionally or absolutely discharged, it is still open to the court to make or vary a DAPO in respect of that person. Where a conditional discharge is given, this means that if the offender commits another offence within a specified period, they can be sentenced for the first offence at the same time as the new offence. Where an absolute discharge is given, this means that the court does not impose any punishment for the offence (for example, a fine, community sentence or imprisonment) but the offender receives a criminal record.