1.1 Family Harm Flashcards
Police policy statement
Family harm is a high priority for Police and reducing the number and impact of family harm episodes is a key Police strategy. Police take every opportunity to prevent harm and reduce offending and victimisation. Police is committed to a prompt, effective and nationally consistent
approach to family harm episodes in collaboration with other agencies/iwi and with community partners.
Principles that guide Police practice - Early
intervention. What is it?
• Recognising that early intervention helps to stop and prevent family harm. This requires an eyes wide open approach at all family harm investigations.
Principles that guide Police practice - Culturally
appropriate. What is it?
• Responses to family harm should be culturally appropriate and, in particular, responses involving Māori should reflect tikanga. This requires a sensitive approach at all family harm investigations that acknowledges the culture of those involved and provides culturally appropriate solutions, as relevant.
Must Know - Principles that guide Police practice - Safety
- Ensuring all parties are made safe and kept safe, particularly victims, whose safety is paramount. This may include facilitating access to support services to help secure safety.
- Children are especially vulnerable (though they may not be the primary victim) and before leaving the premises, attending officers must ensure they have no concerns regarding any child’s safety.
- Officers must also be aware that attending family harm episodes is one of the most dangerous parts of their job and that precautions may be necessary to secure their own safety.
Principles that guide Police practice - Collecting risk
information.What is it?
• Holding predominant aggressors and offenders to account for their actions, by activating a prompt and comprehensive response. This includes undertaking a thorough quality family harm investigation and where evidence of criminal offending exists, the decision to charge and filing of a charge will reflect the nature of the offending and be made in accordance with the Solicitor-General’s Prosecution Guidelines.
Principles that guide Police practice- Accountability.What is it?
- Holding predominant aggressors and offenders to account for their actions, by activating a prompt and comprehensive response. This includes undertaking a thorough quality family harm investigation and where evidence of criminal offending exists, the decision to charge and filing of a charge will reflect the nature of the offending and be made in accordance with the Solicitor-General’s Prosecution Guidelines.
- Where offenders may benefit from supportive interventions to change their behaviours, directing them into programmes that will stop and prevent harm.
Principles that guide Police practice - Working
collaboratively.What is it?
Police must:
• coordinate responses to family harm through Family Violence Coordinators/Family Harm Specialists across relevant internal work groups, including FHTs, CPTs, ASA Teams, Youth Aid and Youth Education Teams, CIB, Iwi/Pacific and Ethnic Liaison Officers and other frontline employees
• be part of a coordinated collaborative multi-agency table response that aims to enhance information sharing and meet the multiple and varied needs of families
• provide quality information to multi-agency tables which enables the best support for families in need
• apply active case management principles and processes.
Must Know - What is the overriding principle I must be aware of when attending family harm events?
Officers must also be aware that attending family harm episodes is one of the most dangerous parts of their job and that precautions may be necessary to secure their own safety.
Tell me about Maori and family harm?
Māori are grossly over-represented in family harm statistics, both offending and victimisation, and across all areas of the vulnerabilities, compounding factors and negative behaviours in the diagram above.
What do all family harm investigations require?
It is important to remember family harm can impact anyone, including occurring in families who are affluent. All family harm investigations require an open mind.
Tell me the difference between family harm and family violence?
Family violence is a subset of family harm. Family violence includes physical, sexual or psychological abuse within domestic relationships. There may be behaviour that is coercive or controlling and causes cumulative harm. It can be a single episode or a number of episodes forming a pattern of behaviour or
series of events. An act of violence is often an escalation of an ongoing pattern of coercion and control.
Tell me about who is the predominant aggressor in the relationship and that relationship to injury?
The majority of family harm investigations Police record are intimate partner violence and the predominant aggressor is mostly male and the primary victim female. Men’s violence is more likely to result in serious injury and intimidation and fear. Women are more likely to use violence in self-defence (resistive violence).
Tell me about the link between intimate partner violence and child abuse…
There is a high rate of co-occurrence between intimate partner violence and child abuse and neglect but these are not necessarily separate forms of violence. There can be a double level of intentionality where an act directed towards one individual is intended to affect another or others in order to keep and/or increase control over both.
Must know - What must i always consider when attending a family harm event?
firearms or other weapons may be involved or
that the suspect has access to these
Whether a PSO or a protection order is in place
Consider whether there are sufficient safety concerns to warrant the issuing of a Police safety order or, where there is sufficient evidence to arrest
Must know - If you exercise the power to seize, report to the Commissioner within three days by submitting a Firearms Search and Seizure form accessed via the Bulletin Board using the ‘Create’ and ‘Notification’ feature.
Following surrender or seizure of firearms, complete enquiries (including the views of the victim) to determine whether any licensed firearms holder is considered to be a ‘fit and proper’ person to hold a firearms licence. If appropriate, take revocation action pursuant to s27 and s27A Arms Act 1983. This may include informing and/or seeking assistance of the Police Arms Officer.
Corroboration - What must I be thinking?
How can i prove this without the victim.
How might I prove it without the victim? Think
- medical examinations and doctor’s reports (of suspect and victim) photographs of injuries
- scene examination evidence, including photographs and scene diagrams
- clothing
- witness statements (neighbours, friends, colleagues, emergency medical staff)
- 111 call - obtain a copy from Comms for court
- emails, text messages, phone records, internet browsing history, bank records
- admissions or other corroborating or damaging statements by a suspect
How should I interview the victim and witnesses?
early. Obtain a statement at the time or you may lose the opportunity.
Consider getting sworn on the day off the offence. 82 Criminal Procedure Act 2011
All forensic interviews of child abuse victims or of child witnesses of serious crime must be carried out by specially trained child witness interviewers. how does this fit within family harm?
This does not prevent a preliminary interview with a child occurring during initial attendance as part of identifying their role and the wider safety assessment.
As with all offending, what must I consider when deciding if to arrest?
- there is sufficient evidence of an offence to arrest, and
* the tests for prosecution in the Solicitor-General’s Prosecution Guidelines would be met
If there is sufficient evidence of an offence what should I do?
suspects responsible for family violence related offences or breaches of protection orders should, except in exceptional circumstances, be arrested.
How should historic breaches of a protection order be dealt with?
Protection orders continue to be effective until discharged by a court. Where there has been an historical breach, action should still be taken.
Where offending is disclosed and actions other than arrest are contemplated. What should I do?
you must consult your supervisor before proceeding. It is advisable to also consult with the Family Violence Coordinator/Family Harm Specialist who may have relevant information known through multi- agency tables.
What I must consider with all family violence?
Consider the possibility that some violence may be actions taken in self-defence.
Do I need a formal complaint to arrest and charge?
No,
formal complaint is required from the victim for you to arrest or file charges. However, their response and wishes should be listened to and noted. Explain the reason if Police actions are not consistent with their wishes. Many victims experience further harm and Police should act in a way that will encourage future reporting of episodes.
Where there is insufficient evidence to arrest but you have victim and/or child safety concerns following a dynamic risk assessment. What should I do?
consider if it is appropriate to issue a Police safety order in accordance with the issuing criteria (the ‘necessity’ test in section 124B of the Domestic Violence Act)
• . Who could help - How and when you charge makes a difference
Supervisor, a Legal Advisor, Family Violence Coordinator/Family Harm Specialist or a Prosecutor in your district if you need advice about charging decisions.
Must Know - If there is a protection order and evidential sufficiency what should I do?
you must:
• charge the offender with the breach
• not release the offender on Police bail for 24 hours unless there is a court hearing earlier than this where court bail can be determined. The offender is not bailable as of right pursuant to s7 (2) of the Bail Act.
Note the must
When deciding whether to grant Police bail, the primary consideration ……
is the safety of the victim and their family members, linking the victim to appropriate support and services, and the possible need for the defendant to have a cooling off period to ensure the victim’s safety.
Must Know - Restrictions on Police bail if a protection order is breached. What are they?
if the person has been arrested under section 50 of the Domestic Violence Act and charged with an offence against section 49 of that Act they must not be granted Police bail during the 24 hours immediately following the arrest unless there is a court hearing earlier than this where court bail can be determined (s7 Bail Act).
also applies when the person is charged with another offence in addition to the breach offence
Even though when charged with breach of a protection order they can be held without bail for 24 hours what must I still ensure?
The arrested person must be brought before a court as soon as possible.
Even though when charged with breach of a protection order they can be held without bail for 24 hours what happens after 24 hours if we have not got them to court?
follow standard procedures for determining whether the person should be granted Police bail.
The need to protect the victim of the alleged offence is the paramount consideration for the court when determining whether to grant bail (s8 (5) Bail Act).
Who can bail an offender on family violence charges?
You must have the authority of a supervisor of or above the position level of sergeant before releasing a family violence defendant on Police bail.
If opposing bail what will be the overriding focus?
Section 8(5) of the Bail Act also provides that the need to protect the victim of the alleged offending is the paramount consideration when deciding whether to grant bail for breaching a protection order.
Women’s Refuge is the primary agency delivering support for victims of family violence. Will victim support ever give support?
due to resource constraints, Victim Support will only provide direct support to family violence victims in regions where there is no viable specialist agency available
Must know- When must a family harm investigation in OnDuty be completed?
only apply when Police attend a family harm episode and the parties involved are in or have been in an intimate partner relationship or are family members.
What are the four types of relationship covered?
..
What about other domestic relationships?
Normal Police responses apply to family violence involving the other categories of domestic relationships ie. flatmates and close personal relationships.
Can I issue a PSO to a flatmate?
PSOs can be considered and issued in all responses to family harm episodes, when the parties involved are in any domestic relationship