Domestic Violence Act 1995

22 Court may dispense with, modify, discharge, or re-impose standard condition relating to weapons

• (1) Where,—

  • (a) the court makes a final protection order on an application on notice; or

  • (b) pursuant to section 80(1), the court—

    • (i) discharges a temporary protection order and makes a final protection order in its place; or

    • (ii) confirms a temporary protection order to the extent that it has not already become final,—

  the court may, subject to section 23,—

  • (c) direct that the standard condition relating to weapons is not to be a condition of the protection order; or

  • (d) modify the terms of that standard condition.

  (2) Subject to section 23, the court may, if it thinks fit, on the application of the applicant or the respondent, vary a protection order,—

  • (a) where the standard condition relating to weapons is not a condition of the protection order, by directing that the standard condition relating to weapons (whether with or without modification) is to be a condition of the protection order:

  • (b) where the standard condition relating to weapons is a condition of the protection order (whether with or without modification), by—

    • (i) discharging the standard condition relating to weapons:

    • (ii) modifying the terms of that standard condition.

  (3) Subject to section 23, where a protection order applies against an associated respondent, the court may, on the application of the applicant or the associated respondent, vary the protection order, in so far as it relates to the associated respondent,—

  • (a) where the standard condition relating to weapons is not a condition of the protection order, by directing that the standard condition relating to weapons (whether with or without modification) is to be a condition of the protection order:

  • (b) where the standard condition relating to weapons is a condition of the protection order (whether with or without modification), by—

    • (i) discharging the standard condition relating to weapons:

    • (ii) modifying the terms of that standard condition.

  (4) For the avoidance of doubt (but without limiting subsection (3)), it is hereby declared that a court may—

  • (a) direct that the standard condition relating to weapons—

    • (i) is not to be a condition of a protection order, in so far as the protection order relates to the respondent; but

    • (ii) is to be a condition of a protection order (whether with or without modification), in so far as the protection order relates to the associated respondent:

  • (b) discharge the standard condition relating to weapons in so far as the condition relates to the respondent, but not in so far as the condition relates to the associated respondent.

  (5) Where an application is made under subsection (2) or subsection (3) in respect of a temporary protection order, the Registrar must assign a hearing date, which must be—

  • (a) as soon as practicable; and

  • (b) unless there are special circumstances, in no case later than 42 days after the application is made.

  (6) Sections 9, 11, and 12, so far as applicable and with the necessary modifications, apply in relation to—

  • (a) any application under this section, on behalf of a protected person, for—

    • (i) a direction that the standard condition relating to weapons be a condition of a protection order; or

    • (ii) the modification or discharge of the standard condition relating to weapons; and

  • (b) the defending, on behalf of a protected person, of any such application made by the respondent or the associated respondent—

  as they apply in relation to the making of an application for a protection order.