enforcement and emergencies Flashcards
What section allows for ex-parte orders
S 45
What section allows for ex-parte orders
S 45
What is an ex-parte order
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
What does S 45(3) state
that R must be allowed to make a representation when just and convenient at a full hearing
Case for ex-parte orders
Anash v Anash: ex-parte orders should only be made when absolutely necessary, lest it infringe Art 6 ECHR right to a fair trial
Under which section will the courts accept an undertaking
S 46
What is an undertaking
a voluntary promise, these are cheaper and quicker than a full hearing
Which case indicates that breach of an undertaking is contempt of court
Roberts v Roberts
When will an undertaking not be accepted
if the courts would have attached a power of arrest
Which section states that no power of arrest will be attached to an undertaking
S 46(2)
What does Chechi v Bashier say about undertakings
they should be used when possible
which section allows the court to attach a power of arrest
S 47 allows to attach a power of arrest.
When must a power of arrest be attached
S 47(2) it is appears that the R has used or threatened to violence against the A or a ROC
how long will a POA be
S 47(4) must be shorter period than any other provision in the order
What happens is there is a suspected breach of a POA
S 47(6) if suspected breach a constable may attest w/o warrant although arrest is not mandatory
In which case could no POA be attached
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
What was held in D v CVA
a POA will only be attached to an occupation order
If an occupation is breached what may the A do in relation to POA
may return to court for a warrant or can attach a POA to the original order
What happened in Wheeldon v Wheeldon
extended the 24 hour period for detaining, by arresting and holding for 12 hours, releasing and rearresting. This was held to be lawful
Contempt of Court and the Magistrates
S 63(3) Magistrates’ Court Act- maximum 2 months and £5,000 fine
Contempt of Court and the CC
S 14(1) Contempt of Court Act 2 years custodial sentence or an unlimited fine
Villers v Villers
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
R v R
the court are reluctant to impose custodial sentences- save for further breaches
Wood v Collins
28 days for non-violent breach. On appeal considered two previous breaches and increased to 3 months
