Commentary on Sections Domestic violence Section 26: Breach of a domestic violence protection notice
92.Should P breach the conditions of the DVPN, then a constable may arrest P without warrant as set out in section 25(1)(b).
93.Subsection (1) requires that if P is arrested, P must be held in custody and brought before the magistrates’ court that will hear the application for the DVPO. P must be brought before this court at the latest within a period of 24 hours beginning with the time of arrest. However, if the DVPO hearing has already been arranged to take place within that 24 hour period, then P is to be brought before the court for that hearing.
94.If P is brought before the court in advance of the DVPO hearing, then the court may remand P under subsection (2).
95.If the court adjourns the DVPO hearing by virtue of section 27(8), the court may remand the person under subsection (3).
96.In calculating when the period of 24 hours mentioned in subsection (1)(a) ends, Sundays, Christmas Day, Good Friday and all other bank holidays (in England and Wales, as per the Banking and Financial Dealings Act 1971) are to be disregarded (see subsection (4)).