Family Harm Flashcards
Name the 6 principles that guide the Police practice re Family Harm
1) early intervention
2) culturally appropriate
3) safety
4) collecting risk information
5) accountability
6) working collaboratively
What is the “new approach” to family harm?
Risk factors (vulnerabilities, negative behaviours, compounding factors etc) = long term negative outcomes
What are examples of corroboration? I.e. if a family harm witness becomes uncooperative
Medical examination/Drs reports
Scene examination evidence
Clothing
Witnesses
Red box 111 call recording
Previous family harm reports
Emails
Bank records
Admissions by suspect
What approach must Police take re breaches of Protection Orders?
If there is evidential sufficiency Police must charge the person and not release on Police bail for 24hrs (unless there is a court hearing earlier and court bail can be issued)
What is the primary consideration when deciding whether to grant Police bail to family harm offenders?
The safety of the victim and their family members.
Who’s authority must be gained to release a family harm defendant on Police Bail?
Sergeant or above must authorise.
Arrested person must be brought to court ASAP. If not within 24hrs and pending a court appearance, standard procedures for determining bail apply.
What are the four types of family relationships?
1) Intimate Partner
2) Family member
3) Flatmates
4) Close personal relationships
(PSOs can be issued to all 4 groups but only record 1&2 in On Duty)
Why PSO?
Where an investigation fails to establish fill evidence of an offence
RGTB order is necessary to help make person at risk safe from family harm
Age requirements around serving PSOs?
A PSO cannot be served on a person under 16yrs
Only served on 16-17yr olds in special circumstances as a last resort for the least amount of time possible.
Who needs to approve a PSO on a 16-17yr old?
Snr Sgt or above and they should have consulted with OT.
Must be RGTB it is necessary to help make that child’s family safe from violence.
What factors might be included in “special circumstances” regarding issuing a PSO on a 16-17yr old?
- RGTB necessary to make PAR safe from FV
AND - Total level of concern (SAFVR) is high
AND - Approval from Senior Sergeant
AND - Snr has consulted with OT
What happens if a bound person absconds after breaching a PSO?
You have 1 month (from the time of the breach) to locate and bring the person into custody.
You then have 24hrs to bring before court
A complaint is filed and an order sought under s45
Consider applying to the court of a warrant in lieu -if not located within a month the warrant is to be withdrawn
What powers does the court have when dealing with a breach of PSO
- Continue existing PSO
- Direct another PSO be issued
- Adjourn so a DC Judge can considered a TPO being issued.
Procedure for dealing with breaches of PSO?
RGTB that the bound person has refused or failed to comply with PSO? Can be “taken into custody”
Must be bought before the court within 24hrs
If unable, the person must be released and summonsed to court
Original PSO remains in existence
What powers do police have re PSOs?
DETAIN (up to 2 hours to obtain authority to issue)
REMOVE person from premises and to a Police station or other such place during the period of the 2hr detention
NB refusal to remain at the place where being detained is an offence they can be arrested for