Part 3: Powers for dealing with domestic abuse Section 30: Remand under section 29(8) of person arrested for breach of notice
This section makes provision for the remand, whether on bail or in custody, of a perpetrator arrested for breach of a DAPN and brought before the court at the hearing of the application for a DAPO. A magistrates’ court’s powers for dealing with the perpetrator in such circumstances derive from the provisions in the Magistrates’ Courts Act 1980 (sections 128 to 131 of which deal with remand). Subsection (2) modifies the application of section 128(6) of the Magistrates’ Courts Act 1980 for these purposes. Subject to certain exceptions, section 128(6) prohibits a magistrates’ court from remanding a person for more than eight days. One such exception is where a person is remanded on bail, in such a case the person can be remanded for longer than eight days where he or she and the other party consents. In this context, the other party for these purposes is the senior police officer who issued the DAPN.
	Subsections (3) to (5) give the court the power to remand the perpetrator for the purposes of allowing a medical report to be made. In such a case, the adjournment may not be for more than three weeks at a time if the perpetrator is remanded in custody and not for more than four weeks at a time if the perpetrator is remanded on bail.
	Subsection (6) gives the court the same power as it has in respect of an accused person to make an order under section 35 of the Mental Health Act 1983 if it suspects that the perpetrator is suffering from a mental disorder. Section 35 of that Act enables a court to remand an individual to a hospital specified by the court for a report on his or her mental condition. Such a remand may not be for more than 28 days at a time or for more than 12 weeks in total.
	Under subsection (7), when remanding a person on bail, the court may impose requirements which appear to the court as necessary to ensure that the person does not interfere with witnesses or otherwise obstruct the course of justice.