| 1) |
Due to the high risk inherent to and volatility of domestic violence incidents, a member must be extremely careful when responding to a call to a scene of domestic violence and should, whenever reasonably possible, not go alone to the scene. |
| 2) |
Upon arriving at the scene, the member must attempt to locate the complainant and determine whether the complainant is in any danger. |
| 3) |
If the complainant is located and he or she is not inside a building or similar structure, the complainant must be interviewed to determine whether he or she is in any immediate danger. If the complainant does not seem to be in any immediate danger, the steps set out in paragraph 5(2)(a)-(d) (above) must be followed. If the complainant is in any danger, the member must take the necessary steps to ensure the safety of the complainant. |
| 4) |
If it is established that the complainant is inside a building or similar structure, the member must determine whether there are reasonable grounds to suspect that an offence has been committed against the complainant. |
| 5) |
If a member has reasonable grounds to suspect that an offence has been committed and that the complainant may furnish information regarding the offence, such member - |
| a) |
may, where necessary, if the complainant is inside a building or similar structure, exercise his or her powers in terms of sections 26 and 27 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977) (hereinafter referred to as the Criminal Procedure Act), to enter the premises and building and interview and take a statement from the complainant, as this will enable him or her to determine whether the complainant is in any danger and what steps to take to protect the complainant from harm or further harm: Provided that a member may not, if the complainant is inside a private dwelling and the member is refused entry into the dwelling, forcibly enter the dwelling in terms of the said provisions; |
| b) |
must, if the complainant is inside a private dwelling and the member is refused entry into the dwelling, take reasonable steps to communicate with the persons inside the dwelling to determine whether any person inside the dwelling is in any imminent danger, and - |
| i) |
may, if he or she has reasonable grounds to believe that any person inside the dwelling is in imminent danger and that a forcible entry is necessary to protect the person, use minimum force to gain entry to the dwelling in order to protect the complainant or any other person from imminent physical harm (Circumstances which may indicate to the need for such action include cries for help, visible injuries or weapons, obvious signs that a struggle has occurred or the account of a witness that a crime has been committed and that the complainant could reasonably be expected to be injured and in need of urgent medical attention.); or |
| ii) |
must, if he or she is satisfied that there are no reasonable grounds to believe that any person inside the dwelling is in any imminent danger, withdraw and make an entry in his or her Pocket Book (SAPS 206) setting out the reasons why he or she is so satisfied. |
| 6) |
If the member does not have reasonable grounds to believe that an offence has been committed and that the complainant is inside a building or structure (including a private dwelling), the member may not act in terms of sections 26 and 27 of the Criminal Procedure Act and must request permission to enter the building or structure and, |
| a) |
if given permission to do so, enter the building or structure and interview the complainant to determine whether he or she is in any immediate danger. If the complainant does not seem to be in any immediate danger, the steps set out in paragraph 5(2)(a)-(e) (above) must be followed. If the complainant is in any danger, the member must take the necessary steps to ensure the safety of the complainant; and |
| b) |
if refused permission to do so, act as set out in subparagraph (5)(b) (above). |
| 7) |
Securing a scene of domestic violence may require the separation of the complainant and respondent and may include arresting the respondent in terms of section 3 of the Domestic Violence Act and section 40(1)(q) of the Criminal Procedure Act, which empowers a member to arrest without a warrant any person who is or has been in a domestic relationship with the complainant and whom the member reasonably suspects of having committed an offence containing an element of violence against the complainant (therefore including the offence of common assault). (See Standing Order 341 for general information concerning "Arrest"). |
| 8) |
Where a member has reason to believe that a person – |
| a) |
who has threatened or expressed the intention to kill or injure himself or herself or any other person by means of a firearm; or, |
| b) |
who is in possession of a firearm and whose possession thereof is not in his or her interest or in the interest of any other person as a result of his or her mental condition, his or her inclination to violence (whether an arm was used in the violence or not), or his or her dependence on intoxicating liquor or a drug which has a narcotic effect, |
such member may at any time, in terms of section 41(1) of the Arms and Ammunition Act, 1969 (Act No. 75 of 1969), without a warrant enter upon and search such place or search such person and seize any arm or ammunition, for the purposes set out in section 11 of the said Act (which inter alia provides that the National Commissioner may declare a person to be unfit to possess arms).
| 9) |
A member who seizes a firearm in accordance with subparagraph (8), must ascertain whether such firearm is licensed and, if not, include the offence in the docket. |
Foodstuffs, Cosmetics and Disinfectants Act, 1972
