[Section 3 heading substituted by section 1 and 5 of the Domestic Violence Amendment Act, 2021 (Act No. 14 of 2021), as per Notice No. 788, GG45824, dated 28 January 2022]
| (1) |
A peace officer who attends the scene of an incident of domestic violence, may without a warrant, arrest any respondent who such peace officer reasonably suspects of having committed an act of domestic violence which constitutes an offence in terms of any law. |
| (2) |
A peace officer must, without a warrant, arrest any respondent at the scene of an incident of domestic violence who they on reasonable grounds believe of having committed an act of domestic violence which constitutes an offence containing an element of violence against a complainant. |
| (3) |
A peace officer contemplated in subsection (1) or (2), who is not a member of the South African Police Service, who responds to an incident of domestic violence, must— |
| (a) |
where necessary, make arrangements for the complainant to obtain medical attention; |
| (b) |
where a protection order has not been issued against the respondent, or where there is no pending application for a protection order against that respondent— |
| (i) |
provide the complainant with a prescribed list containing the names and contact particulars of accessible shelters and public health establishments; |
| (ii) |
if it is reasonably possible to do so, hand a notice containing information as prescribed to the complainant in the official language of the complainant’s choice; |
| (iii) |
if it is reasonably possible to do so, explain to the complainant the content of such notice, including the remedies at the complainant’s disposal in terms of this Act and the right to lodge a criminal complaint, if applicable; and |
| (c) |
provide such further assistance as contemplated in section 18B. |
[Section 3 substituted by section 5 of the Domestic Violence Amendment Act, 2021 (Act No. 14 of 2021), as per Notice No. 788, GG45824, dated 28 January 2022 - effective 14 April 2023 as the date on which the said Act, with the exception of section 6A, comes into operation, as per Proclamation No. 117, GG48419, dated 14 April 2023]
Older Persons Act, 2006
