[FVPA s.13 / FVPA s.14]

A police officer may use holding/detention powers if the officer intends to:

  • Apply for an FVIO
  • Vary an FVIO
  • Apply for an FVSN

or believes that an FVIO or FVSN has been made and they are required to serve a copy.

Subject must be an adult.

You MUST, at the time of giving the direction, inform the person that they may be apprehended and detained if they refuse or fail to comply with the direction and that if they are apprehended and detained, it is an offence to escape or attempt escape.

A police officer may direct a person, orally or in writing, to:

  • Remain at the place where they are
  • Go to or remain at a different place stated by the officer
  • To remain in the company of the officer, or another officer, or another person stated by the officer (if that person consents)

[FVPA s.15]

If a person given a direction refuses or fails to comply, the person may be detained. Reasonably neccesary force and handcuffs can be used.

[FVPA s.16]

If a police officer directs or detains a person under FVPA powers, the officer may search the person and any vehicle, package or thing in the person's possession if they SORG that the person has in their possession any object that may cause injury or damage or may be used to escape.

If the item is a firearm, weapon or ammunition, issue a surrender direction under [FVPA s.158].

Any other item seized should be returned after holding/detention powers cease - unless they are being retained as evidence.