Family Harm Flashcards
What are the 6 principles that guide Police response to family violence
1) Accountability -
holding offenders to account for their actions by activating a prompt and comprehensive response. Directing offenders to programmes that will stop the violence should be encouraged.
2) Culturally appropriate
3) Early intervention
4) Safety -
ensure everyone (especially victims and children) are safe before leaving the premises.
5) Working Collaboratively -
coordinate responses to family violence through family violence coordinators across police work groups (ASAT, CPT, Youth Aid etc)
6) Collection of Risk Information -
collecting risk info to enable decision makers to assess, plan and manage risk to victims and guide decisions around offender management
What do you do if there is insufficient evidence to arrest for a family violence offence?
Consider issuing a Police Safety Order (PSO).
Ensure the victim is safe before leaving.
Do not give warnings where there is sufficient to prosecute
Breach of PO and OR New FH charge
Breach of PO arrests cannot be bailed and must be fronted before the court. If no court within 24 hrs bail can be considered by a Sgt or above.
EM Bail and PSO service
If someone on EM bail is handed a PSO and is unable to reside at the address on their EM bail, follow procedures in the Bail chapter, Breaches and unsuitable addresses.
Police Safety Orders - What are they?
Cannot issue to a person under 16 years
PSOs are immediate orders issued by a qualified constable when attending family violence occurrences where an investigation fails to establish sufficient evidence of an offence yet there is still concerns for saftey.
Person at risks consent is not required.
A/Sgt cannot issue one but substantive sgt or above can also known as a “qualified constable” who has been appointed under section 63 of the policing act.
PSO Immediate effects
- Bound person is to surrender any weapons and or fire arms to a constable
- vacate any land or building occupied by the person at risk, weather or not its their property.
- provide a cooling off period where the person at risk has time and space to seek support including applying for a temp protection order and for bound person to also seek support.
Longer effects
- Not to make contact
- not engage in behaviour that amounts to any form of FV.
- Encourage any other person to make contact with the person at risk, where the behaviour or contact would otherwise be prohibited by the order.
Contact not considered a breach
- Reasonably necessary in an emergency
- permitted under any special conditions of any relevant PO.
- Necessary in order to attend a FGC
- Necessary to attend a matter such as a restorative justice conference etc.
What happens when a PSO is served and there is a parenting order in place
Parenting order is suspended and the PSO conditions apply for the duration.
When can a PSO not be issued
When the person posing risk is charged for a FH offence. In these cases bail conditions will be set which is essentially serving the same purpose as a PSO.
Cannot issue to a person under 16 years
What can you do if you detain a child for the purposes of issuing a PSO and they abscond?
You may arrest the bound child without warrant if they fail or refuse to remain at that place.
This applies regardless of whether an order is issued or served.
Will be dealt with in Youth Court.
When can you issue a PSO to a 16 and 17 year old?
Determining ‘special circumstances’
RGB an order is necessary to help make the person at risk safe from serious family violence
And
total level of concern (SAFVR and Dynamic) in OnDuty is High
And
approval from a Snr Sgt or above AND they have consulted with OT regarding placement/status
Refusing to remain at the place where they are detained re PSO, what are your options?
A
A person commits an offence and can be arrested without warrant if he/she fails to remain at the place where they are detained.
$500 fine
PSO Follow up
Police should contact the person at risk while PSO is still in place. Ideally within 24-48hrs.
This is to check if any breaches have occured and ensure they understand what a breach is.
Bound person should also be contacted and offer support services to them to address the FH. also ensure they understand what a breach is and the consequences. if bound person was intoxicated when given the notice this follow up is particularly important.
What is the procedure if you are unable to serve a PSO during the 2 hour
You must release the detained person. You then have 48hrs to issue and serve the order on the person.
The 48hrs starts when the qualified constable authorises the issuing of a PSO.
When a child breaches a PSO:
You MAY take them into custody.
They appear before the District Court by way of a complaint.
It is not technically an arrest, therefore it does not authorise the use of OT Act section 234 to do with placement.
What are your responsibilities regarding their appearance at Court, when “taking someone into custody” for breach of PSO
You must bring the person before the court within 24hrs. If this is not possible, you must release at the expiry of the 24hrs and summons them to appear in court.
How do I go about filing complaints for breaches of PSO?
A charging document is not filed for the breach as a breach is not an offence.
Breaches of PSO’s should be filed using the complaint form (POL 2142) in NIA,
And must be sworn is court by the constable named on the complaint.
When a person breaches a PSO and fails to attend court (would be under a summons), what are the Prosecutor, officer of the court or Constable obligated to do in regards to contact with the protected person?
Must:
- make 3 attempts of telephone calls within 1 hour
- then send a local unit and complete a 4Q follow up event
- update NIA record to reflect the action taken
What applies if the bound person has absconded after breaching a PSO:
You have one month to locate them and bring them into custody. You then have 24 hours to bring them before a court.
Police can also apply to District Court for a warrant to be issued regarding the breach. This gives a power to force entry into an address etc. If person not located within a month police need to go back to court and have the warrant withdrawn.
What types of corroboration is required if a victim becomes a reluctant witness. This may include
Medical examinations
Clothing
Scene examinations
Photographs of injuries
Emergency call (111) recordings
Witness statements
When can a respondent of a Protection Order make contact with the protected person?
- If permitted under a SPECIAL condition of the order
- If permitted under any order or AGREEMENT relating to the role of providing day to day care for or custody of a minor
-For the purposes of attending a FAMILY group conference - In an EMERGENCY
Who issues PO’s?
Issued by the Family Court and can only be discharged by the court.
But the DC can too, if they are satisfied that that a person has failed or refused to comply with a PSO, they can order a temporary PO.
The DC can also issue a final PO when sentencing an offender of a family violence offence if it’s necessary for the victims protection and they don’t object to the matter.
How long does a Protection Order encapsulate a ‘adult child’ for, when does the protection expire?
When the ‘adult child’ is over 18 and leaves home or the order is discharged, adult children not living with the applicant must be identified on the order as a specified person or apply to the court for an order as a protected person ,
What are the restrictions for Protection orders against a child or young person:
Applicants can’t take out a PO against a child or young person unless satisfied that a child is aged 16 years or over and that order is justified by special circumstances.
When must the respondent of a Protection Order surrender their weapons and firearms license?
As soon as practicable after the service of the order but within 24hrs and on demand at any time by a constable.
On the service of a Temp protection order any FA licence held by the respondent is deemed suspended. When order becomes final its considered revoked
