Domestic Violence Act, 1998 (Act No. 116 of 1998)Domestic Violence National Instruction 7/19999. Duty to assist the complainant to obtain medical treatment |
| 1) | In terms of the Domestic Violence Act a member must assist the complainant to obtain medical treatment or make arrangements for the complainant to obtain medical treatment. |
| 2) | To comply with this duty, a member must comply with any station orders issued by the station commissioner in this regard as provided for in paragraph 3(6) (above) and must at least – |
| a) | ask the complainant whet her he or she requires medical treatment; and, if so, |
| b) | assist or make arrangements for the complainant to receive medical treatment; and |
| c) | if a criminal charge has been laid, issue a J88 and SAPS 308 to the complainant for completion by a registered medical practitioner. (Where possible and provided transport is available, the member must arrange for the complainant to be taken to the registered medical practitioner.) A member may, only as a last resort, transport a complainant in a police vehicle to receive medical treatment if such a vehicle is available and there is no other means of transport. In such an event the complainant must be informed that he or she is being transported at his or her own risk. |
| 3) | Any assistance rendered to the complainant in terms of subparagraphs (1) and (2) must – |
| a) | if it is rendered at the Community Service Centre, be recorded in the Occurrence Book together with a description of any injuries to the complainant that the member may have observed; or |
| b) | if it is rendered at another place, be recorded in the Pocket Book (SAPS 206) of the member rendering the assistance together with a description of any injuries that the member may have observed. |