CPK- Family Harm Flashcards
What is the family harm policy statement?
- FH is high priority
- reducing number and impact is key to Police strategy
- Take every opportunity to prevent harm and reduce offending and victimisation
- Be committed to prompt, effective and consistent approach to FH with other agencies and partners.
How does early intervention help?
- Helps stops and prevent FH with a eyes open approach
Who’s safety is paramount?
- Victims safety and children particularly vulnerable
How does collecting risk information help?
- Enables effective risk management for victims and appropriate action for offenders
Who should be held account?
- Hold the aggressors to account and direct them to programmes to assist them
How does working collaboratively help?
- Provides quality info to give the best support for families in need
When attending situations where firearms maybe present what are 4 things to think about in relation to firearms and what to do?
- Always considers that firearms or other weapon are involved or that offender has access to them
- Check for POs, PSO in place. If PSO license will be suspended. PO license revoked and arms surrendered.
- If any are seized report to commissioner within 3 days
- Speak with victim to see if fit and proper person to hold them
What are 4 actions to consider and take into account when deciding whether to arrest?
- Evidence for FH offences or BOPO suspect should be arrested
- Take care if evidence shows violence by both parties consider self defence
- No formal complaint is needed from victim if other evidence is available. their wishes should be considered
- Nil evidence to K9 consider PSO.
Where a PO has been breached and offender charged can they be given bail?
- Do not released on bail for 24hrs
- unless Court can hear earlier
- Offender is not bailable of right
- Must have okay from Sgt or above to released on Police bail.
What must you consider when opposing Court bail?
- Must met criteria in S8 of Bail Act includes risk to victim
- Protecting the victim is the main consideration
- Conditions should be relevant and reflect victims safety
If you wish to serve a PSO on a person who is on EM Bail therefore not able to remain at the address during the PSO what should you do and consider?
- Follow EM Bailee served with PSO procedure in Bail Chapter
- Consider opposing the continuation of the EM Bail address
A person is not regarded as being in a domestic relationship if they are what?
- Landlord or tenant
- employer or employee
What is an example of a close personal relationship?
- Care/caregiver relationship
- Sex doesn’t mean close personal relationship.
What are 4 things to consider when deciding on a charge?
- Do not minimise the violence
- Charge reflects nature of offending
- Evidential sufficient for the charge
- Continued risk to victim
What things should be consider on deciding to give Police bail to an offender?
- Safety of victim and family
- Support and services for victim
- offender needs cooling off period
What are some times a bound person of a PSO may contact a person at risk while a PSO is in place?
- Emergency
- Allowed under special consideration for PO
- To attend FGC or Court proceeding
When can a PSO not be issued?
- Person is charged with FH offence
- Child under 16 yrs
Can a person be served with a PSO if there is a PO in place?
- Yes if there is not enough evidence to charge
- It takes pressure off victim
What things should be considered before serving a person with a PSO?
- Person has or is inflicting FV against a person and will continue to inflict
- Welfare of children residing with person at risk
- Hardship caused if issued
- 1M history
- Alcohol or drug abuse
- FH history
- Current or previous order in force
What is hardship that should be considered?
- Who has family car
- Who is in charge of money
- Financial ability of bound person to find accommodation or transport
If a person refused to remain at place they have been detained for the purposes of serving a PSO what can Police do?
- K9 without warrant
- Fine $500
What must you do if you cannot serve PSO on a person within 2 hours of the required time after being detained?
- Must release person
- Then have 48 hrs to serve PSO
- PSO expires after this time
What must be done with a person who has breached a PSO?
- Put before Court within 24hrs
- Make complaint to Court requesting issue an order under S45
- Summons if cannot get before Court in 24hrs
What must you tell a person who has breached a PSO?
- Detained or taken into custody
If a person has breached a PSO and not located at the time how long do you have to bring that person into custody?
- One month from time of breach
- May apply to Court for WTA. WTA will expire after month
What may the Courts do when a complaint has been made for a breach of PSO?
- Continue existing order until expired
- If expired issue new one for no more than 10 days
- Consider PO
Can a PSO be issued on a person aged 16 or 17?
- Yes if RGTB will make persons safe
What is a PSO?
- Immediate order issued by a qualified constable
- Investigation failed to establish evidence of offence
What are the 6 principles that guide Police response to FH?
SEA CWC
- Safety
- early invention
- Accountability
- Collecting risk info
- Working collaboratively
- culturally appropriate
Are the applicants children protected by a protection order?
- Yes automatically
- Child 17yrs or older are protected until they leave home
- if left home not protected unless specified.
What ability does the district Court have to issue and detain a person a for purpose if issuing a PO?
- Determine temp order
- detain for 2 hours to serve
Section 106A of the Evidence Act allows an adult family violence complainant to give evidence in chef by a video recording made before the trial. Who can it be made by and how long after the incident can it be made?
- Police employee no later 2 weeks after incident
What is the name of the guide for helping you determine a charge?
- How and when you charge makes a difference guide
Can a bound person make contact if a PSO has been served but there is a parenting order in place?
- No parenting orders are suspended during the PSO