Chapter 1.2: Family Harm Flashcards
Under the EA 2006 and 82 of Criminal Procedure Act Police can do what?
Get evidence sworn which can later be used. It can be sworn on the same day thus lessening likelihood they will change it later.
What can you do under Section 106A EA?
Allows adult FV complainant to give evidence in chief by video recording made before the hearing. Must be made within 2 weeks of incident.
Where offending is disclosed and actions other than arrest are contemplated you must consult who?
Supervisor. Also FV Coordinator and FH Specialist who may have relevant info known through multi agency tables
What should you take particular care with?
Where prima facie evidence indicates violence by both parties as some action may be self defence
Is a formal complaint required from the victim for you to arrest or file charges?
No. However their response and wishes should be listened to and noted. Explain reasons.
Where there is insufficient to charge but you have victim or child concerns you should do what?
Consider if it’s appropriate to issue PSO
You shouldn’t do what where there is insufficient to prosecute?
Give warnings
When considering what charges are appropriate what should you take into account?
Don’t minimise Ensures it reflects essential nature of their offending Ensure evidence will provide reasonable prospect of conviction Continuing risk to victim
When choosing appropriate charges it’s important to note what?
That serious charges will qualify for a strike
What guide may assist you to determine the most appropriate charge?
How and when you charge makes a difference guide
What must you do where a BOPO or related ppty order has occurred?
Charge them with the breach Not release on police bail for 24 hrs or until court
Is an offender bailable as of right for BOPO?
No (pursuant to 7(2) Bail Act 2000)
When considering police bail for defendant charged with FV offence the primary consideration is what?
Need to protect victim, family, all protected persons
When deciding whether to grant police bail primary considerations are what?
Safety Linking to support and services Need for cooling off period
Who can authorise police bail for FV defendant?
Supervisor of above level of Sgt
An OTB must fit what criteria?
That detailed in S.8 which includes whether there is a risk to victims, family, protected persons
Bail conditions should always be tailored so they are what?
Specific and relevant to defendant’s risk and/or alleged offending
Should a defendant in FV related cases be bailed to the victims address?
Only in exceptional circumstances
If a person on EM bail is served with a PSO relating to that address, can they remain?
No they will be unable to comply with standard condition 5 of their bail bond. Consider opposing continuation of EM bail to that address.
What is an essential element of the police approach to reducing FH and FV offences?
Interagency approach
Support agencies must operate within the framework of what?
One victim - one referral; disclosure of their info to subsequent agency is permitted in certain circumstances, ie: where RGB further disclosure is necessary to ensure highest level of support Must respect privacy
What are PSO’s
Immediate orders issued by qualified constable (or const authorised by) at FH episode
What do PSOs require a bound person to do?
Surrender weapons Surrender FLICNO Vacate land/building of person at risk (regardless of they have legal or equitable interest)
How long can they be issued for?
Up to 10 days
PSOs enable front line officers to do what?
Take immediate action to protect when investigation fails to establish sufficient evidence of offence Provides time for person at risk to seek support Bound person cools down & can also seek support
The police FH policy and procedures and requirement to complete FH investigation in On duty only applies where?
Parties involved are or have been in intimate partner relationship or are family members
PSOs can be considered and issued in all responses to FH episodes when the parties involved are what?
In any family relationship
Is a person at risk’s consent required when issuing a PSO?
No
Who is a qualified constable?
Of or above Sergeant (Or otherwise appointed under S.63 Policing Act)
In addition to immediate effects of a PSO the bound person must not…
Engage in FV Make contact not authorised Encourage others to engage in behav or make contact that is prohibited
Where is contact authorised and not in breach?
Emergency Permitted under special condition Nec to attend FGC or court proceeding or joint attendance such as RJ
If a bound person is a party to a parenting order or agreement can they still continue with this?
No, it is suspended
If insufficient evidence for FV offence is found against a person can they still be issued with a PSO
Yes
If a person is charged for FV offence can you issue with PSO
No. Bail conditions have same effect
Can you issue a PSO to a child?
Only if they are aged 16 and above and order is justified by special circumstances
What should you do ‘re PSO where PO is in place?
Try to obtain sufficient evidence to arrest for BOPO but can serve if insufficient for arrest. Seek advice from supervisor or FVC/FHS
What are factors to consider when deciding to issue a PSO?
Total concern for safety Whether likely person has inflicted/ing/will inflict FV Welfare of children Hardship Any other relevant matters
What else should you consider when issuing PSO?
Prior contact with Police Mental illness Alcohol drug abuse Propensity for violence FH history Prior parenting orders, PSOs, PO’s Multi agency plans in place from prior incidents Whether they are engaged in support services
In considering hardship what should you consider?
Who will have family car In charge of family finances/holds $$ Alternative accomm/transport Whether child has disability/illness
‘Re parenting orders what must you do when considering whether to issue a PSO?
Whether anyone holds or in process of obtaining a parenting order (partic bound person against at risk person) Should inform FVC/FHS if parenting order in place
What should be considered when deciding the duration of a PSO?
Factors set out when deciding whether to issue AND Hardship
As a starting point should consider what duration? Then what other relevant considerations?
24 hours Weekends, public hols, access to court (affect access to services) How long it will take for family to access services and make arrangements