25APowers of court to remand in custody, admit to bail, &c.

25A Powers of court to remand in custody, admit to bail, &c.

[Section 25A Inserted by No. 32 of 2015, s. 10, Applied:06 Oct 2015]

(1)  If for any reason the proceedings in respect of an application for an FVO are adjourned, a court may decide to –

(a) remand the respondent to the application in custody and issue a warrant accordingly; or

(b) admit the respondent to the application to bail; or

(c) issue a summons to the respondent to the application ordering the respondent to appear before a court at a time and place, mentioned in the summons, to which the proceedings are adjourned.

(2)  In making a decision under subsection (1) , the court must consider the safety and interests of the respondent's spouse or partner, and any affected child, to be of paramount importance.

(3)  If a court remands a respondent to an application for an FVO in custody in accordance with subsection (1)(a) , the court is to –

(a) specify in the warrant –

(i) that the respondent is to be kept in custody for a period not exceeding 28 days at any one time; and

(ii) the date the respondent is to be brought before the court; and

(b) inform the respondent of the matters specified in the warrant in accordance with paragraph (a) .

(4)  The period for which a respondent to an application for an FVO may be admitted to bail in accordance with subsection (1)(b) must not exceed 60 days.