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Domestic Violence Act, 1998 (Act No. 116 of 1998)

Domestic Violence National Instruction 7/1999

12. Keeping of records relating to incidents of domestic violence

 

1) All domestic violence incidents which are reported to a police station must be recorded in the Domestic Violence Register (SAPS 508(b)) and it is the responsibility of the station commissioner to ensure that an accurate record is kept of alt domestic violence incidents.

 

2) Members must fully document their responses to every incident of domestic violence on a "Report of Domestic Violence lncident"-form (SAPS 508(a)) regardless of whether or not a criminal offence has been committed. A file with reference 39/4/2/3 must be opened every month and all the forms SAPS 508(a) which are completed during that month, must be filed in it. The month concerned must be recorded after the reference number, for example all the SAPS 508(a) forms which are completed during January 2000 must be filed with the reference 39/4/2/3(1/2000).

 

3) If a member attends a scene of domestic violence and no charges are laid or arrests made, the member must record the reasons why this was not done in his or her Pocket Book (SAPS 206).

 

4) Certified copies of protection orders and of the warrants of arrest as provided for in the Domestic Violence Act, will be forwarded by the clerk of the court to the Community Service Centre of the complainants choice. Particulars of the protection order must be entered in the appropriate columns of the Domestic Violence Register (SAPS 508(b)) where an entry has already been made in respect of the complainant. Where no entry exists, a new entry must be made.

 

5) A copy of every protection order and warrant of arrest that is received, must be filed in a separate file (under reference 39/4/3/1) which must be opened in accordance with the Registration and Record Control Procedure which forms part of the Record Classification System which was implemented on 15 September 1997. Every file must be allocated a case number to facilitate finding it (e.g. 39/4/3/1(1) Koos Nel). The number of the case (in the above example (1)), must correspond with the number appearing in the index system created as set out in the fourth paragraph under section 16.2 of the Registration and Record Control Procedure. These files must be kept in a place which is accessible after hours, to ensure that they are readily available for checking purposes in the event of an alleged breach of the protection order.

 

6) Disposal of the aforementioned files must take place in accordance with the approved disposal authorisation.