Cap. 9 Art. 540ATemporary protection orders.

(1) Upon the receipt of any report, information or complaint by the Executive Police requiring proceedings to be taken against a person from a person or persons indicated in article

12(a) of the Victims of Crime Act, a professional, trained by the designated agency in accordance with the Gender-Based Violence and Domestic Violence Act, shall immediately conduct an assessment of the risk of the injured person or of any other individual, as the case may be: Provided that a Police officer shall also initiate an investigation, during which investigation there shall be heard, amongst others, the alleged offender, as the case may be:

Provided also that if an assessment has been conducted by a professional trained in accordance with the Gender-Based Violence and Domestic Violence Act within the twenty-four hour period immediately preceding the receipt of the report, information, or complaint by the Executive Police, there shall be no need to conduct that assessment after such receipt: Provided also that if in the cases mentioned under sub-article

(1) the alleged offender is to be taken before the court by arrest, and if he remains arrested until his arraignment in court, the dispositions of this article shall not apply.

(2) Where, following such investigation, and after the due consideration of the results of the assessment, it becomes apparent that any person is at a serious risk of harm, the Executive Police shall immediately apply to a Magistrate requesting the issue of a temporary protection order stating the grounds for the request and giving the Magistrate all such information that will enable the Magistrate to decide upon the request:

Provided that said application shall be made by not later than twelve hours from when the Executive Police receive such report, information, or complaint.

(3) Before deciding whether to issue the temporary protection order, the Magistrate may require the police officer, the professional, or the person making the report or complaint giving the information, to confirm on oath the information supplied by him and the temporary protection order shall be issued once the Magistrate is satisfied that sufficient grounds for the issuing of the order exist:

Provided that such a decision shall be taken within eight hours of receipt of the application: Provided also that said agency shall, immediately after the assessment is carried out according to sub-article (1), provide sheltered accommodation to the alleged victim, according to article 19(3)(d) of the Gender-Based Violence and Domestic Violence Act, as needed.

(4) In cases of utmost urgency, the request for the issue of the temporary protection order and the order may be communicated even by electronic means: Provided that, as soon as practicable, the original temporary protection order shall be delivered for record purposes.

(5) Sub-articles (3), (7), (8), (11) and (12) of article 412C shall apply mutatis mutandis to a temporary protection order issued under this article, and for the purposes of this article, "temporary protection order" shall have the same meaning assigned to "protection order" under article 412C.

(6) A temporary protection order issued under this article shall remain in force:

(a) up to a maximum of thirty days from the issue of the temporary protection order; or

(b) until the first sitting against the alleged offender, whichever is the earlier: Provided that the Police shall institute criminal proceedings against the alleged offender by not later than thirty days from the issue of the temporary protection order.

(7) A temporary protection order issued under this article can be revoked or extended for a further period by the Magistrate who issued the order, on just cause being shown: Provided that it can also be extended by the Court during its first sitting, if a request is made to issue a protection order under article 412C.

(8) A temporary protection order issued under this article shall lapse upon:

(a) the determination that no criminal proceedings shall be instituted against the alleged offender; or

(b) the lapse of thirty days from the issue of the temporary protection order; or

(c) the hearing of the first sitting against the alleged offender; or

(d) the issue of a protection order under article 412C:

Provided that in the case of paragraph (a), the Executive Police shall immediately inform the Magistrate of this decision, and request the revocation of the temporary protection order.