2. Family Harm Flashcards
Principles that guide Police practice Family Harm:
SACCEW
-Safety
-Accountability
-Culturally Appropriate
-Collecting risk information
-Early Intervention
-Working collaboratively
SACCEW
Principles for interviewing victims, witnesses and suspects:
- Interview early
- Interview must be made within 2 weeks
- Child interviews to be done by child witness interviewer (doesn’t include prelim interview during initial attendance)
Primary considerations for Police bail for FV:
- Safety of victim
- Linking victim with support services
- Cooling off period for offender
Who can authorise releasing FV offender on Police bail?
Sergeant or above
OTB considerations for FV offending:
Must fit within Section 8 of the Bail Act which includes risk to victim and family
When can you grant bail for FV offending and what must those conditions be?
- Must be specific and relevant to defendants risks and offending
- If it is a PO breach, must not be released for 24 hours (unless to attend court)
Solicitor Generals prosecution guidelines:
- Evidence is sufficient to provide reasonable prospect of conviction
- Prosecution is in the public interest
When is contact allowed during a PSO or PO?
- Reasonably necessary in an emergency
- Permitted under special conditions of Protection Order
- Necessary to attend FGC
- Necessary to attend court
When can a PSO be issued and who can issue?
RGB it is necessary to protect victim and family.
Issued by qualified Constable (Sergeant or above)
When can a PSO NOT be issued?
- To children (can be served to 16-17 year old under special circumstances)
- When the defendant is charged with a FV offence. Instead of PSO, bail conditions should be sought instead
Can a PSO be served if a PO is already in place?
Yes.
- Seek evidence of breach.
- If evidence insufficient, PSO can be served.
Factors to consider when deciding to issue a PSO:
- Concern for family
- Family violence inflicted
- Welfare of children
- Hardship caused if PSO issued
How long can PSO be issued for? And things to consider with duration:
Start with 24 hours, up to 10 days.
- Weekends
- Public holidays
- Ability to access to court (for PO)
- How long it will take for the family to access appropriate support services
What powers does a Constable have when issuing PSO?
- Detain for up to 2 hours to issue and serve
- Remove the person from the home
- Demand surrender of firearms
Penalty for failing to remain for PSO service:
-Liable on summary conviction fine of up to $500
-May be arrested without warrant
Process when someone breaches a PSO:
Is not an offence.
- Person can be arrested without warrant
- Must be brought before court within 24hours
- Make a complaint to the court
Process when someone absconds from Police after breaching PSO:
- Capture breach on on-duty
- One month to locate person and bring before court
- May apply to court for WTA (will give power of entry)
Powers of court when PSO is breached:
- Continue with existing order
- Direct that another order be issued
- Adjourn proceedings so District Court can consider a temporary PO
What is the only offence regarding PSO’s?
Section 32 (2) Failing to remain while a PSO is issued
When would you issue a PSO to a 16 -17 year old?
If justified under special circumstances (Section 31)
Must be the last option
SAFVR and dynamic assessment must be HIGH
Who can authorise serving a YP with a PSO? And what if the YP breaches it?
Senior Sergeant. They must also consult OT.
Section 214 does not apply if they breach, take into custody and bring before court.
When are Police involved in serving a Protection Order?
- The respondent holds a firearms licence
- Is believed to be in possession of firearm
- The service is assessed as being a significant risk to the server
- PO is granted without notice
What must Police ensure when serving a PO?
DR CISS
- Demand surrender of firearms
- Risk assessment
- Contact Victim
- Info sharing
- Safe service
- Staff safety
Who can issue Protection Orders?
PO’s are a civil remedy.
Can be issued by Family or District Court.
PO’s issued by foreign courts may also be registered in NZ
Standard Protection Order conditions:
- Consent to contact and stopping contact
- Variations to orders relating to property
Must not:
- engage in behaviour that amounts to any form of FV
- Make any unauthorised contact
- Encourage any person to do above
Examples of what is included in ‘behaviour that amounts to FV’ in relation to PO:
- One or several acts that form a pattern of behaviour.
- Coercion or controlling behaviour
- Dowry related abuse
- Mistreating a housepet
- Harassing bahaviour
- Loitering
- Disrupting care
Conditions relating to weapons (PO’s)
- Must not have any weapons
- Firearms licence suspended on application, revoked when final.
- Surrender within 24 hours or on demand by Constable
Core principles when serving protection orders?
S.A.W.I
- Information gathering
- Working collaboratively
- Accountability
- Safety
Serving officers requirements (PO’s):
- Tell O/C station
- Inform victim
- Update contact node
- Forward to family court
- Maintain national recording standards
- Delete from Police file record once served
Interpretation of ‘Family Violence’:
Violence inflicted:
Against any person AND
By any person in a family relationship
Examples of ‘violence’:
- Physical
- Sexual
- Psychological
- Dowry
- Pattern of behaviour that is:
- Coercive or controlling
- Causes or may cause cumulative harm
Case Law learning from Elliot V Police (Protection Order Non Contact):
FACTS:
Applicant asked Elliot to leave.
Police arrested as he failed to leave, stated he was grabbing belongings.
OUTCOME:
Police had not allowed a reasonable amount of time as all his belongings were at the house, he had nowhere to go and he had not offered violence
Case Law learning from Senior V Police (PO Harassment provision breach):
FACTS:
Senior wrote abuse about ex on FB. A mutual friend showed her.
OUTCOME:
There was a breach of PO.
Abuse was deliberate, potential for wide circulation and real risk of protected person reading it.
