Family Harm Flashcards
Name the three types of Harm
physical, sexual, psychological
When attending FH episodes, Police aim to?? X3 points
- slow & eventually stop FH cycle
- reduce serious harm
- reduce FH related deaths
How do Police aim to reduce FH (6 principles)
- Early intervention
- Culturally responsive
- Safety
- Collecting risk information
- Accountability
- Working collaboratively
Explain the FH Early Intervention Principle
Recognising early intervention helps to stop and prevent FH.
An eyes wide open approach at all FH investigations.
Explain the FH Culturally Appropriate Principle
Responses to FH should be culturally appropriate and, in particular, responses involving Māori should reflect tikanga.
This requires a sensitive approach that acknowledges the culture of those involved & provides culturally appropriate solutions
Explain the FH Safety Principle
- Ensuring all parties are made safe and kept safe
- victims (may include facilitating access to support services to help secure safety)
- Children (before leaving, attending officers must ensure they have no concerns for child’s safety)
- Officers must also be aware their own safety.
Explain the FH Collecting Risk Info Principle
To enable planning & risk management to victims & to guide appropriate actions for offenders.
FH processes include the SAFVR measure and dynamic risk assessment at the scene which combined determine the total concern for safety.
The total concern for safety also contributes to a multi-agency risk
Explain the FH Accountability Principle
Holding predominant aggressors & offenders to account by activating a prompt & comprehensive response.
Where evidence of criminal offending exists, the decision to charge will reflect the nature of the offending and be made in accordance with the Solicitor-General’s Prosecution Guidelines.
- Where offenders may benefit from supportive interventions to change their behaviours, directing them into programmes that will stop and prevent harm.
Explain the FH Working Collaboratively Principle
Police must:
* coordinate responses through FV Coordinators/FH Specialists across relevant internal work groups, including FHTs, CPTs, ASA Teams, Youth Aid and Youth Education Teams, CIB, Iwi/Pacific and Ethnic Liaison Officers and other frontline employees
* be part of a coordinated collaborative multi-agency table response
* provide quality information to multi-agency tables
* apply active case management principles and processes.
If a PSO is in place what do the offenders need to do in regards to firearms?
Surrender any weapon in their possession or under their control
along with their licence
In regards to FH, what does the court prefer?
If there is sufficient evidence of an offence, suspects responsible for FV related offences or breaches of protection and related property orders should, except in exceptional circumstances, be arrested.
Name some of the societal consequences from FH?
crime
poor physical and mental health
poverty
Name some of the impacts on children who have been exposed to FH?
difficulty learning
becoming an offender or victim
increased chance of mental illness & suicide, alcohol and/or drug abuse
difficulty forming attachments
Who is particularly vulnerable to FH events?
Children
Elderly
People with disabilities
Types of FH?
(Groups)
Teen dating / teen harm
Elder Abuse
Honour based violence
LGBT
Cyber harm
Name two options of dealing with FH at the scene?
PSO
Arrest (if sufficient evidence to arrest)
If firearms are handed in due to a FH event? What paperwork/online system must be completed?
Firearms Search and Seizure (FSS) notifications
If the firearm is brought to a station, record details in (PROP)
Record details of the offence or incident that led to the seizure into – NIA as an Occurrence.
When should you obtain a victim statement in regards to a FH incident?
At the time of attending
Victims have a tendency to minimise FH incidents later in court. What option is available to Police to ensure the severity of the incident is held in court?
Under the Evidence Act 2006 and s82 Criminal Procedure Act 2011, Police can get evidence sworn which can later be used.
The evidence can be sworn the same day thus lessening the likelihood that they will change it later.
Section 106A of the Evidence Act 2006 allows an adult family violence complainant to give evidence in chief by a video recording made before the hearing.
Who can record and how long after the event?
The video recording must be made by a police employee
and no later than two weeks after the FH episode.
Where FV offending is disclosed and actions other than arrest are contemplated, who should you contact?
consult your supervisor before proceeding. It is advisable to also consult with the Family Violence Coordinator/Family Harm Specialist
Do you need a victim to lay a FH complaint to arrest or file charges?
No
Can you give a warning in regards to a FH incident if there is insufficient evidence to charge?
No
If there is a breach of PO or related property order, and there is evidential sufficiency to prove a charge, what must you do?
charge the offender with the breach
not release the offender on Police bail for 24 hours unless there is a court hearing earlier than this where court bail can be determined.
The offender is not bailable as of right
When considering Police bail for a FH defendant charged with a family violence offence, what is the primary consideration?
the need to protect the victim, their family members and all protected persons
If there are dual defendants in FH events, and it is unclear who the actual aggressor or victim is, can both parties be arrested & charged?
Yes
What is the paramount consideration for the court when determining whether to grant bail for FH offenders?
The need to protect the victim and their family members, and all protected persons
Who must you have authority from before releasing a family violence defendant on Police bail?
A supervisor of or above the position level of sergeant
What is the presumption regarding a FH defendant and bail?
In most cases, there is a presumption that a defendant is to be bailed.
Any opposition to bail must fit within criteria ensuring the need of the victim and their family’s safety and any safety plans in place.
What happens if a person is served a PSO and they are on EM Bail at that address?
They will be unable to remain there for the duration of the order and therefore unable to comply with standard condition
Who is the primary agency for delivery support for victims of FV?
Women’s Refuge
If there are no specialist support agencies for FH Victims, will Family Support assist?
Victim Support will only provide direct support to family violence victims in regions where there is no viable specialist agency available).
What is the framework for support agencies?
‘one victim - one referral’
Is disclosure of victim information to a second or subsequent agency permitted?
Only in certain circumstances, e.g. the agency giving initial support has RGs to B that further disclosure is necessary to ensure the victim receives the highest level of support.
What does PSO stand for?
Police Safety Order
How long can a PSO be issued for?
Up to 10 days
Can a person be PSO’d from a property they have a legal or equitable interest in?
YES
Can PSOs be considered and issued in all responses to family harm episodes, when the parties involved are in any family relationship.
YES
Who can issue a PSO?
PSOs can be issued by a qualified constable (or a constable authorised by a qualified constable)
When does a PSO take effect?
Immediately