Section 33 VAPP 2015

Section 33 of the Violence Against Persons (Prohibition) Act 2015 is about Warrant of arrest upon issuing of protection order. It provides as follows:

(1) Whenever a court issues a protection order, the court shall make an order-
(a) authorizing the issue of a warrant for the arrest of the respondent, in the prescribed form; and

(b) suspending the execution of such warrant subject to compliance with any prohibition, condition, obligation or order imposed under section 31 of this Act.

(2) The warrant referred to in subsection (1) (a) of this section remains in force unless the protection order is set aside, or it is cancelled after execution.

(3) The Registrar of the Court shall issue the complainant with a second or further
warrant of arrest, if the complainant files an affidavit in the prescribed form in which it is stated that such warrant is required for her or his protection and that the existing warrant of arrest has been-
(a) executed or cancelled; or
(b) lost or destroyed.

(4) A complainant may hand the warrant of arrest together with an affidavit in the
prescribed form, where it is stated that the respondent has contravened any
prohibition, condition, obligation or order contained in a protection order, to any
police officer.

(5) If it appears to the police officer concerned that, subject to subsection (5), there are reasonable grounds to suspect that the complainant may suffer immiņent harm as a result of the alleged breach of the protection order by the respondent, the police officer shall forthwith arrest the respondent for allegedly committing the offence referred to in Part I of this Act.

(6) If the police officer concerned is of the opinion that there are insufficient grounds
for arresting the respondent under subsection (5), he or she shall hand a written
notice to the respondent which-

(a) specifies the name, the residential address and the occupation or status
of the respondent:

(b) calls upon the respondent to appear before a court, and on the date and at the time specified in the notice, on a charge of committing the offence referred to in section 31 (1); and

(c) contains a certificate signed by the police officer concerned to the effect that he or she handed the original notice to the respondent and that he or she explained the import thereof to the respondent.

(7) The police officer shall forward a duplicate original of a notice referred to in
subsection (6) to the Registrar of the Court concerned, and the mere production in the Court of such a duplicate original shall be a prima facie proof that the original was handed to the respondent specified therein.

(8) In considering whether or not the complainant may suffer imminent harm, as contemplated in subsection (5). the police officer shall take into account the-
(a) risk to the safety, health or well-being of the complainant;
(b) seriousness of the conduct comprising an alleged breach of the protection order; and

(c) length of time since the alleged breach occurred.

(9) Whenever a warrant of arrest is handed to a police officer under subsection (4) (a) of this section, the police officer shall inform the complainant of his or her right to simultaneously lay a criminal charge against the respondent, if applicable, and explain to the complainant how to lay such a charge.