Practice Direction: (Arresting Officer: Attendance)

Under s47(7) of the Family Law Act 1996 a person arrested under a power of arrest attached to a non-molestation order or occupation order has to be brought before a judge, district judge or magistrates’ court within the period of 24 hours beginning at the time of the arrest. When the arrested person is brought before the relevant judicial authority the attendance of the arresting officer will not in future be necessary, unless the arrest itself was in issue. A written statement from the arresting officer as to the circumstances of the arrest should normally be sufficient. In those cases where the arresting officer was also a witness to the events leading to the arrest and his evidence regarding those events was required, arrangements should be made for him to attend at a subsequent hearing to give evidence.