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Domestic Violence > enforcement and emergencies > Flashcards

enforcement and emergencies Flashcards

1
Q

What section allows for ex-parte orders

A

S 45

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2
Q

What section allows for ex-parte orders

A

S 45

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3
Q

What is an ex-parte order

A

ordinarily, the R will have notice of the application, but S 45 gives the court wide discretion to make an ex-parte order where it considers fit- often in cases of domestic abuse

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4
Q

What does S 45(3) state

A

that R must be allowed to make a representation when just and convenient at a full hearing

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5
Q

Case for ex-parte orders

A

Anash v Anash: ex-parte orders should only be made when absolutely necessary, lest it infringe Art 6 ECHR right to a fair trial

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6
Q

Under which section will the courts accept an undertaking

A

S 46

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7
Q

What is an undertaking

A

a voluntary promise, these are cheaper and quicker than a full hearing

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8
Q

Which case indicates that breach of an undertaking is contempt of court

A

Roberts v Roberts

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9
Q

When will an undertaking not be accepted

A

if the courts would have attached a power of arrest

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10
Q

Which section states that no power of arrest will be attached to an undertaking

A

S 46(2)

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11
Q

What does Chechi v Bashier say about undertakings

A

they should be used when possible

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12
Q

which section allows the court to attach a power of arrest

A

S 47 allows to attach a power of arrest.

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13
Q

When must a power of arrest be attached

A

S 47(2) it is appears that the R has used or threatened to violence against the A or a ROC

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14
Q

how long will a POA be

A

S 47(4) must be shorter period than any other provision in the order

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15
Q

What happens is there is a suspected breach of a POA

A

S 47(6) if suspected breach a constable may attest w/o warrant although arrest is not mandatory

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16
Q

In which case could no POA be attached

A

Re B-Q (A Child): used the Childs rugby game to criticise the wife. This is not threatened violence therefore no POA can be attached

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17
Q

What was held in D v CVA

A

a POA will only be attached to an occupation order

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18
Q

If an occupation is breached what may the A do in relation to POA

A

may return to court for a warrant or can attach a POA to the original order

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19
Q

What happened in Wheeldon v Wheeldon

A

extended the 24 hour period for detaining, by arresting and holding for 12 hours, releasing and rearresting. This was held to be lawful

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20
Q

Contempt of Court and the Magistrates

A

S 63(3) Magistrates’ Court Act- maximum 2 months and £5,000 fine

21
Q

Contempt of Court and the CC

A

S 14(1) Contempt of Court Act 2 years custodial sentence or an unlimited fine

22
Q

Villers v Villers

A

the CCA imposes a maximum of 2 years. Charged for 18 months for the first breach, and 12 for the second. This was not possible, it was 2 years for any number of offences

23
Q

R v R

A

the court are reluctant to impose custodial sentences- save for further breaches

24
Q

Wood v Collins

A

28 days for non-violent breach. On appeal considered two previous breaches and increased to 3 months

25
Q

G v G

A

breached by threatening to kill the wife, damaging property and threatening tests and an active campaign of harassment. Sentenced to 12 months, the CA reduced to 8

26
Q

What is an ex-parte order

A

ordinarily, the R will have notice of the application, but S 45 gives the court wide discretion to make an ex-parte order where it considers fit- often in cases of domestic abuse

27
Q

What does S 45(3) state

A

that R must be allowed to make a representation when just and convenient at a full hearing

28
Q

Case for ex-parte orders

A

Anash v Anash: ex-parte orders should only be made when absolutely necessary, lest it infringe Art 6 ECHR right to a fair trial

29
Q

Under which section will the courts accept an undertaking

A

S 46

30
Q

What is an undertaking

A

a voluntary promise, these are cheaper and quicker than a full hearing

31
Q

Which case indicates that breach of an undertaking is contempt of court

A

Roberts v Roberts

32
Q

When will an undertaking not be accepted

A

if the courts would have attached a power of arrest

33
Q

Which section states that no power of arrest will be attached to an undertaking

A

S 46(2)

34
Q

What does Chechi v Bashier say about undertakings

A

they should be used when possible

35
Q

which section allows the court to attach a power of arrest

A

S 47 allows to attach a power of arrest.

36
Q

When must a power of arrest be attached

A

S 47(2) it is appears that the R has used or threatened to violence against the A or a ROC

37
Q

how long will a POA be

A

S 47(4) must be shorter period than any other provision in the order

38
Q

What happens is there is a suspected breach of a POA

A

S 47(6) if suspected breach a constable may attest w/o warrant although arrest is not mandatory

39
Q

In which case could no POA be attached

A

Re B-Q (A Child): used the Childs rugby game to criticise the wife. This is not threatened violence therefore no POA can be attached

40
Q

What was held in D v CVA

A

a POA will only be attached to an occupation order

41
Q

If an occupation is breached what may the A do in relation to POA

A

may return to court for a warrant or can attach a POA to the original order

42
Q

What happened in Wheeldon v Wheeldon

A

extended the 24 hour period for detaining, by arresting and holding for 12 hours, releasing and rearresting. This was held to be lawful

43
Q

Contempt of Court and the Magistrates

A

S 63(3) Magistrates’ Court Act- maximum 2 months and £5,000 fine

44
Q

Contempt of Court and the CC

A

S 14(1) Contempt of Court Act 2 years custodial sentence or an unlimited fine

45
Q

Villers v Villers

A

the CCA imposes a maximum of 2 years. Charged for 18 months for the first breach, and 12 for the second. This was not possible, it was 2 years for any number of offences

46
Q

R v R

A

the court are reluctant to impose custodial sentences- save for further breaches

47
Q

Wood v Collins

A

28 days for non-violent breach. On appeal considered two previous breaches and increased to 3 months

48
Q

G v G

A

breached by threatening to kill the wife, damaging property and threatening tests and an active campaign of harassment. Sentenced to 12 months, the CA reduced to 8

Domestic Violence (11 decks)

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