Part 3: Powers for dealing with domestic abuse Section 24: Matters to be considered before giving a notice
This section sets out particular matters that the police officer must take into consideration before issuing a DAPN. The police office must consider the welfare of any child whose interests the officer considers relevant. The police officer must take reasonable steps to find out the opinion of the victim as to whether the DAPN should be issued. Consideration must also be given to any representation the perpetrator makes in relation to the issuing of the DAPN. Where the DAPN is to include conditions in relation to the occupation of premises lived in by the victim, reasonable steps must also be taken to find out the opinion of any other person who lives in the premises and is personally connected to the perpetrator (if the perpetrator also lives in the premises) or the victim.
	While the police officer must take reasonable steps to discover the victim’s opinion, and must take this into consideration, the issue of the notice is not dependent upon the victim’s consent (subsection (4)), as the police officer may nevertheless have reason to believe that the victim requires protection from the perpetrator and the issue of the notice is necessary to secure that protection.