Giving the Police the Power to Arrest without a Warrant
Powers of Arrest can be granted by the court enabling the orders sought to be registered by the police resulting in the Defenders arrest in the event of breach of the orders. The court must specify when the Powers of Arrest expire, which must be no later than three years from the date when it was attached. However, the time limit can be extended by the court. A Power of Arrest only becomes effective when served on the Defender along with a copy of the Writ. Once served the Chief Constable must also be notified as soon as possible and provided with a copy of the Initial Writ, the court order granting the orders and proof of service on the Defender.
Once the procedure has been completed the Defender may be arrested by police without warrant if the police have reasonable cause to suspect the Defender is in breach of the orders and consider that there would, if the Defender is not arrested, be a risk of abuse or further abuse by the Defender in breach of the orders granted. If the Defender is so arrested it must then be detained at a police station until either charged with an offence or, where no criminal proceedings are to be taken, brought before the Sheriff where the alleged breach took place on the first day after the arrest. If it appears to the Sheriff there has been a breach of the order granted and a substantial risk of further abuse, the Sheriff may order the Defender to be detained for a further period not exceeding two days.
Where the Interim/Interdict with Powers of Arrest has been granted after 20th July 2011, and the Interim Interdict is a Domestic Abuse Interdict, and Powers of Arrest are in effect, the Defender who breaches such Interdict will be guilty of a criminal offence. It will then be for the Procurator Fiscal to initiate proceedings.
When deciding whether or not the Interdict will be looked upon as domestic abuse interdict, the court will look at all the circumstances of the case including whether the Defender is the Pursuer’s spouse, civil partner, cohabitant or is in an intimate relationship with the Pursuer. Our team have extensive experience in this area of law and can help you get the best outcome possible.
We have over 30 years’ experience in this field of the law and can advise on all aspects of family law matters. We can fit to your schedule and can conduct appointments by telephone, email or Skype where required and will fit out service around the needs of our clients. Call us 0141 429 8166 or complete our online contact form.
Reliable, expert advice you can trust
Call now on
0141 429 8166
Livingstone Brown is a leading firm of Scottish solicitors. Based in Glasgow, but dealing with cases around the country, the firm has been at the forefront of legal service provision for over thirty years.
If you have a legal problem, getting good quality legal information at the earliest stage can be invaluable. The firm offers a free initial enquiry service; all you have to do is call in, telephone, or e-mail. You won't be charged for your enquiry; we'll let you know by return whether we can help, what we can do, and how much it's likely to cost. We can also offer legal aid where available.
Led by former senior partner Gerard Brown CBE, who continues as a consultant, the firm has built up an enviable reputation for quality of service and client care.
The firm has won various awards over the years. In the 2019 edition of the prestigious Legal 500 rankings Livingstone Brown was ranked as a 'top-tier' firm for general criminal work, and is also recommended for fraud cases. Stuart Munro and Gerard Brown were named as 'Recommended Lawyers'. In the Chambers directory the firm has a Band 1 ranking for criminal work, and Stuart Munro is a ranked financial crime lawyer. The firm was named Criminal Defence Firm of the Year and Family Law Team of the Year at the Scottish Legal Awards 2019.