DA Flashcards
Controlling and coercive behavior legislation
An offence is committed by the Perpetrator if:
The Perpetrator repeatedly or continuously engages in behaviour towards the Victim, that is
controlling or coercive; AND
At the time of the behaviour, the Perpetrator and Victim are:
1 ) in an intimate personal relationship
2 ) they live together and are either members of the same family
3 ) they live together having been in an intimate personal relationship with each other; AND
The behaviour will have a ‘serious effect on the Victim and the Perpetrator knows or ought to know that the behaviour will have a serious effect on the Victim.
Substantial adverse effect
The ‘substantial adverse effect on the Victim’s usual day-to-day activities’ may include, but is not an exhaustive list:
stopping or changing the way someone socialises
physical or mental health deterioration
a change in routine at home including those associated with mealtimes or household chores
attendance record at school
putting in place measures at home to safeguard themselves or their children
changes to work patterns, employment status or routes to work
Two ways for a serious effect on a victim
If it causes the Victim to fear, on at least two occasions, that violence will be used
against them -S.76 (4)(a); or
If it causes the Victim serious alarm or distress which has a substantial adverse effect on their day-to-day activities - 5.76 (4) (b).
Penalty
Under the Serious Crime Act (SCA) 2015
a person guilty of an offence under this section is liable
(a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or
both;
(b) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine, or both.
Domestic Violence Protection Orders (DVPO) and Domestic Violence Protection Notices (DVPN)
What is a DVPN and DVPO?
A DVPN is an emergency non-molestation and eviction notice which can be issued to a DA perpetrator by the police when attending to a domestic abuse incident. Because the DVPN is a police-issued notice, it is effective from the time of issue, thereby giving the victim the immediate support they require in such a situation. Within 48 hours of the DVPN being served on the perpetrator, an application by police to a Magistrates’ Court for a DVPO must be heard. A DVPO can prevent the perpetrator from returning to a residence and from having contact with the victim for up to 28 days. This allows the victim a degree of breathing space to consider their options with the help of a support agency.
How Does it Work?
A DVPN is the initial notice issued by police and must be authorised by a Superintendent. Once a DVPN has been served on a suspect, an application must be made to the Magistrates’ Court for the DVPO within 48 hours of the DVPN being served. If a DVPO is granted by the court, the perpetrator can be prevented from returning to a residence and from having contact with the victim for between 14 and 28 days. The DVPN/DVPO process can be pursued without the victim’s active support if it is considered necessary to protect them, or an associated person, from violence or threat of violence. The DVPN / DVPO process does not aim to replace the Criminal Justice system in respect of charge and bail of a perpetrator.
It will not usually be appropriate to seek a DVPN if bail conditions can effectively manage the risk posed to the victim and associated persons. However, there is nothing in law to prevent a DVPN being sought in addition to the use of bail conditions. Where a DVPN is sought in addition to bail conditions, the rationale for doing so must be clearly recorded. It is important that there is no conflict between any bail conditions and the terms of a DVPN. Consideration should always be given to identification and prosecution for substantive criminal offences, If CPS advice is to charge for a domestic related offence then a DVPN may not be necessary or proportionate where there is a remand in custody or when strict bail conditions are in place.
Providing the criteria is met, a DVPN can be sought where a perpetrator has not been arrested or has been release from custody prior to being served with a DVPN. However, the officer should recognise that any undue delay in serving the DVPN may make it difficult to demonstrate the necessity for a DVPO to protect the victim.
DVPN
Criteria for a DVPN:
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The alleged perpetrator is 18 or over, although the person to be protected does not need to be over 18.
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The alleged perpetrator must have used or threatened violence towards the victim and/or an associated person* on this occasion.
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The DVPN is necessary to protect the victim and or associated person from violence by the alleged perpetrator.
