Section 46 Undertakings.

England and Wales

(1)

In any case where the court has power to make an occupation order or non-molestation order, the court may accept an undertaking from any party to the proceedings.

(2)

No power of arrest may be attached to any undertaking given under subsection (1).

(3)

The court shall not accept an undertaking under subsection (1) F1instead of making an occupation order in any case where apart from this section a power of arrest would be attached to the order.

F2(3A)

The court shall not accept an undertaking under subsection (1) instead of making a non-molestation order in any case where it appears to the court that—

(a)

the respondent has used or threatened violence against the applicant or a relevant child; and

(b)

for the protection of the applicant or child it is necessary to make a non-molestation order so that any breach may be punishable under section 42A.

(4)

An undertaking given to a court under subsection (1) is enforceable as if F3the court had made an occupation order or a non-molestation order in terms corresponding to those of the undertaking.

(5)

This section has effect without prejudice to the powers of the High Court and F4the family court apart from this section.

Annotations

Textual amendments

F1: Words in s. 46(3) inserted (1.7.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 60, Sch. 10 para. 37(2) (with Sch. 12 para. 1(11)); S.I. 2007/1845, art. 2(c) (with art. 3)
F2: S. 46(3A) inserted (1.7.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 60, Sch. 10 para. 37(3) (with Sch. 12 para. 1(11)); S.I. 2007/1845, art. 2(c) (with art. 3)
F3: Words in s. 46(4) substituted (1.7.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 60, Sch. 10 para. 37(4) (with Sch. 12 para. 1(11)); S.I. 2007/1845, art. 2(c) (with art. 3)
F4: Words in s. 46(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 131; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Notes on Part IV

Modifications

C1: Pt. 4 modified (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 25(2); S.I. 2005/3175, art. 2(1), Sch. 1