sec.102Approval of supervising police officer required

### sec.102 Approval of supervising police officer required Before issuing a police protection notice, the police officer must obtain the approval of a supervising police officer. However, if the police officer proposes to issue a police protection notice under section 101A , the supervising police officer— may give or refuse approval for— a person to be named in the notice; or a condition to be imposed under section 106A ; but may not otherwise refuse to give the approval to issue the notice. The supervising police officer must be a police officer— who the police commissioner has authorised to approve the issue of police protection notices; and who is not involved in investigating— for a notice being issued under section 101 —the domestic violence mentioned in section 101 (1) (a) ; or for a notice being issued under section 101A —the domestic violence for which the respondent was taken into custody. Section 106A (2) (d) also requires the supervising police officer to be of at least a particular rank if the police protection notice includes a condition under section 106A . The approval of the supervising police officer may be sought and given verbally, including, for example, in person, or by telephone, radio, internet or other similar facility. The police officer must make a written record of— the supervising police officer’s decision to give or refuse the approval; and the date and time of the decision; and the supervising police officer’s name, rank, registered number, if any, and station. If the supervising police officer decides to refuse the approval, the police officer must not seek approval from another police officer. The police commissioner must keep the written record mentioned in subsection (5) in hard copy or electronic form. s 102 amd 2016 No. 51 s 20 (sec.102-ssec.1) Before issuing a police protection notice, the police officer must obtain the approval of a supervising police officer. (sec.102-ssec.2) However, if the police officer proposes to issue a police protection notice under section 101A , the supervising police officer— may give or refuse approval for— a person to be named in the notice; or a condition to be imposed under section 106A ; but may not otherwise refuse to give the approval to issue the notice. (sec.102-ssec.3) The supervising police officer must be a police officer— who the police commissioner has authorised to approve the issue of police protection notices; and who is not involved in investigating— for a notice being issued under section 101 —the domestic violence mentioned in section 101 (1) (a) ; or for a notice being issued under section 101A —the domestic violence for which the respondent was taken into custody. Section 106A (2) (d) also requires the supervising police officer to be of at least a particular rank if the police protection notice includes a condition under section 106A . (sec.102-ssec.4) The approval of the supervising police officer may be sought and given verbally, including, for example, in person, or by telephone, radio, internet or other similar facility. (sec.102-ssec.5) The police officer must make a written record of— the supervising police officer’s decision to give or refuse the approval; and the date and time of the decision; and the supervising police officer’s name, rank, registered number, if any, and station. (sec.102-ssec.6) If the supervising police officer decides to refuse the approval, the police officer must not seek approval from another police officer. (sec.102-ssec.7) The police commissioner must keep the written record mentioned in subsection (5) in hard copy or electronic form. - (a) may give or refuse approval for— (i) a person to be named in the notice; or (ii) a condition to be imposed under section 106A ; but - (i) a person to be named in the notice; or - (ii) a condition to be imposed under section 106A ; but - (b) may not otherwise refuse to give the approval to issue the notice. - (i) a person to be named in the notice; or - (ii) a condition to be imposed under section 106A ; but - (a) who the police commissioner has authorised to approve the issue of police protection notices; and - (b) who is not involved in investigating— (i) for a notice being issued under section 101 —the domestic violence mentioned in section 101 (1) (a) ; or (ii) for a notice being issued under section 101A —the domestic violence for which the respondent was taken into custody. - (i) for a notice being issued under section 101 —the domestic violence mentioned in section 101 (1) (a) ; or - (ii) for a notice being issued under section 101A —the domestic violence for which the respondent was taken into custody. - (i) for a notice being issued under section 101 —the domestic violence mentioned in section 101 (1) (a) ; or - (ii) for a notice being issued under section 101A —the domestic violence for which the respondent was taken into custody. - (a) the supervising police officer’s decision to give or refuse the approval; and - (b) the date and time of the decision; and - (c) the supervising police officer’s name, rank, registered number, if any, and station.