Family Harm Flashcards
Principals that guide police practice
- Early intervention
- Culturally appropriate
- Safety
- Collection of risk info
- Accountability
- Working collaboratively
Characteristics of family harm
Psychological abuse
Coercive or controlling ( power and control wheel)
Cumulative harm
Entrapment and resistance
Police bail for family harm offences
Primary consideration is the safety of the victim and their family members.
Any bail condition can be imposed necessary to protect the victim
Restrictions on bail if a protection order is breached.
Must not be granted police bail for 24hrs after the arrest unless they appear in court.
Sgt or above to approve police bail.
Two simultaneous actions to occur when attending a 5F involving police employee
- Normal police response occurs
- Welfare considerations for both parties and supervisor should refer to wellness advisor
Must also consider
- impact of criminal offending and ability to remain a police employee
- compatibility of employee convicted/found guilty of FH or being the respondent of a PO to continue working for police
Immediate PSO effects
- surrender any weapons/firearm and licence
- vacate the land/building occupied by the person at risk regardless is they are the legal occupier
- provide a cooling down period where the person at risk can seek support/TPO
Longer PSO effects.
Bound person must not
- engage in behaviour that amounts to family violence against the person at risk
- make unauthorised contact with the person at risk
- encourage any other person to engage in behaviour or make contact with the person at risk
When can a PSO be issued
By Sgt or above (A/Sgt without formal appointment is not a qualified issuer)
Person involved are in a family relationship
It is necessary to help make the person at risk safe
Can be arrested and if insufficient evidence to charge a PSO can be served
When can a PSO not be issued?
When charged with a FH offence
Can’t be issued on a child uncles is certain circumstances when 16yrs old and over
Factors to consider when issuing a PSO
If person posing the risk has or will continue to inflict FH
Welfare of any children with the person at risk
Hardship that maybe caused
Should also take into account
- previous history
- mental illness
- alcohol/drugs
- relevant orders PO x2
- multi-agency plans in place
Deciding on duration of PSO
Begin with consideration for 24hrs
Then factor in other considerations like
Weekends
Court access
Support access
The longer the duration the higher the risk factors.
Powers pending authorisation and issue of a PSO
Detain for upto 2 hours ( 2 hrs start when decision for PSO is necessary)
Remove that person from the premises to a police station or patrol car
If the refuse to be detained or remain at place detained they can be arrested without warrant
If you can’t serve PSO within 2 hours they must be released.
You then have 48hrs to issue and serve is in that person
Steps when serving a PSO
- Explain to both parties
- Risk and needs assessment
- Capture and issue PSO in on duty
- Ensure bound person surrenders any weapons/firearms etc and vacates the location
- Consider firearms licence suspension pending possible revocation. Consider warrantless search
- Store appropriately and weapons seized
- Ensure support services are in place
- Before end of shift complete the FH report in on duty. Ensure copies of PSO are on file and entered in NIA
Preventing/detecting breaches
Should visit person at risk within 24-48hrs to see if there have been any breaches and check understanding of what a breach is.
Unless impractical visit the bound person and check understanding and canvass support services etc
Breaching a PSO is not an offence
True - you make a complaint to the court
Breaching PSO actions
No offence but can be taken into custody and have them appear in court within 24hrs
Make a complaint to the court requesting it makes an order under s45
If can not be in court within 24 hrs must be released and summons them
If bound person absconded after the breach of PSO
Capture breach in On Duty
You have one month locate them and bring them into custody and then 24 hrs to get them to court
Warrant to arrest
You can seek a warrant which give you a power of entry
If you can’t locate the bound person within a month the warrant is withdrawn
Note - over time the significance of the breach reduces
Special circumstances for issuing 16-17 yr old a PSO
- believe an order is necessary YP ensure safety to the person at risk
AND
- level of concern is “HIGH”
AND
- approval from SSGT required
AND
- authorising SSGT has consulted with OT
Protection order conditions relating to weapons
No posses any weapon ( firearms, air gun, pistol, restricted weapon, ammunition or explosives)
Not have a FA licence
ASAP and within 24hrs surrender any weapons and on demand made at any time by a constable
Non molestation and no. Violence orders
If the respondent of these has a FA licence then notify an inspector and consider revocation
