1.2 - Family Harm Flashcards
What can you do if you believe the Victim will become “hostile” prior to, or during the court process?
Have their evidence sworn in, which can later be used.
How long do you have to obtain a VVS from a FH Victim?
No later than 2 weeks after the alleged offending.
What three things should you consider if there is insufficient evidence to charge however you have safety concerns for the Victim and/or children?
1) Consider issuing a PSO.
2) Ensure the Victim and/or Children are safe prior to leaving.
3) Do not give warnings!
What must you consider when charging and offender? (4)
1) Don’t minimise the violence that has occurred.
2) Ensure they are charged and prosecuted in the appropriate way.
3) Ensure the evidence meets the “Evidential Test”.
4) Consider any continuing risks to the Victim.
What MUST you do when charging an offender for a breach of PO and related offences? (i.e. assault/wilful damage)
Charge the offender with both the breach and the offence.
Do not release the offender on bail for 24hrs UNLESS there is a court hearing prior. They are not bailable as per S7 of the Bail Act.
What are the restrictions for Police bail for all FH offences?
An offender must not be granted Police bail for 24hrs following their arrest.
When granting bail following the 24hr period, you must have the authority of a supervisor of/above Sergeant.
What is a Police Safety Order (PSO)?
Safety orders authorised by a Sergeant or above and issued by a Constable where an investigation fails to establish evidence of an offence.
What does a PSO require the “bound” person to do?
1) Surrender any weapon/firearm and firearms licence.
2) Vacate the land/building occupied by the person at risk.
3) Not to contact or have anyone else contact on their behalf, the person at risk.
When can a PSO be issued?
When the parties are in a family relationship and;
When there are RGB the order is necessary to ensure the safety of the person at risk.
Note: If there is initially an arrest however it’s later identified there is insufficient evidence, a PSO can then be issued.
When can a PSO NOT be issued?
1) If the person posing risk is charged for FH related offences.
2) Is the person posing risk is a child, unless the child is over 16yrs in special circumstances.
Who can authorise a PSO?
A substantive Sergeant or above or formally appointed or authorised under S63 of the Policing Act.
Who can authorise Police bail for FH offences?
A substantive Sergeant or above.
How long can a PSO last for?
Up to but not exceeding 10 days.
When does a PSO come into effect?
Immediately after they have been served and continue for the period specified (not exceeding 10 days).
What situations would justify a PSO being issued longer than 5 days?
1) Situations where there is a likelihood of serious harm occurring.
2) Where a Protection order is being sought.
3) Where Victim relocation is being sought.
What powers exist to you when issuing a PSO?
You may:
- Detain the “bound” person for up to 2 hours to obtain the authority and issue the order and;
- Remove the person from the premises to a Police station or place used as a Police station (i.e. patrol vehicle) to issue or the order.
What options do you have when a person refuses to remain at the place where they are detained re PSO?
Arrest without warrant ($500 fine).
What applies if the bound person has absconded after breaching a PSO?
You have one month to locate them from the time of the breach and bring them to custody. They must then appear in court within 24hrs of arrest.
