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Snr Sgts CPK: Chapter 1 > Family Violence > Flashcards

Family Violence Flashcards

1
Q

Effective police response to family violence is based on four core principles?

A
  • Safety (all parties)
  • Collection of risk information
  • Accountability (offender)
  • Working collaboratively
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2
Q

Police are committed to what three things in its approach to family violence?

A
  • Prompt
  • Effective
  • Nationally consistent
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3
Q

If a person has been arrested under section 50 of the Domestic Violence Act and charge with an offence against section 49 they must not be released for for a period of how long?

A

24 hours immediately following the arrest

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4
Q

What is the presumption when a defendant has been arrested for a FV matter?

A

That the defendant is to be bailed

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5
Q

What is the paramount consideration when considering bail of an defendant from court?

A

The need to protect the victim.

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6
Q

What is the paramount consideration when considering police bail?

A

Safety of the victim.

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7
Q

Police Employees who perpetrate family violence will be subject to the processes of what?

A

The code of conduct

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8
Q

With police employees family violence what simultaneous actions should occur?

A
  • Where offending, normal response
  • Staff welfare considerations
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9
Q

When do policies and procedures in the section apply?

A
  • Comes to supervisors attention maybe FV (victim/offender)
  • Police attend, no offence, PS0 issued
  • Police attend, FV disclosed (victim/offender)
  • Temporary or final protection order issued
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10
Q

What must you do if a police employee is arrested on a family violence matter? (2)

A
  • Notify:
    • district Employment Practice Manager &
    • Professional Standards Manager
  • EAP counselling and welfare offered
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11
Q

What must a police officer do if they are the respondent of a PO order?

A

Report in writing to supervisor who must inform HR manager, etc

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12
Q

Can constables subject to a PO carry firearms & appointments?

A

No, this breaches the order.

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13
Q

What is a police safety order?

A

An immediate order issued buy a qualified constable under s.124D domestic violence act.

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14
Q

Does a PSO order require the victims consent?

A

No it does not

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15
Q

What is a qualified constable for the purposes of a PSO?

A

Substantive Sergeant/formally appointed or above

Note: An Acting Sergeant is not qualified

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16
Q

What three immediate effects do a police safety order do?

A

Person to:

  • surrender any weapon/firearms license
  • Vacate land/building occupied by person at risk.
  • provide cooling off period
17
Q

What effect does a PSO have on a Parenting Order?

A

Parenting Order is suspended

18
Q

What two circumstances must exist before a PSO can be considered?

A
  • no arrest made for FV
  • necessary to ensure immediate safety
19
Q

If person is arrested for FV then released for insufficient evidence, can a PSO order then be issued?

A

No, once an arrest has been made for FV, the window of opportunity to issue PSO is closed.

20
Q

Other than intimate and family relationships, can a PSO be issued in other types of domestic relationships?

A

Yes, eg: share household/close personal relationship

21
Q

When can a safety order not be issued? (3)

A
  • Arrest made for FV
  • person under 17 years
  • PO issued for same person and likely breach of PO
22
Q

What four factors to consider when deciding to issue a PSO?

A
  • violence occured/likely to occur
  • welfare of children
  • hardship cause by PSO
  • other matters
23
Q

When considering hardship caused by PSO what sort of this should be considered? (3)

A
  • Family car
  • Family finances
  • Finance alternative accomodation
24
Q

When does a PSO order start and how long can they exist for?

A
  • start immediately after they are served
  • cannot exceed 5 days
25
Q

What are the three required steps before issuing a PSO?

A
  1. All enquiries (POL1310/ODARA), consider PSO
  2. Seek authority to issue form qualified constable
  3. Document authorisation (sign POL1310/notebook)
26
Q

What powers do you have once you decide to issue a PSO to someone? (3)

A
  • detain up to 2 hours
  • remove from premises to stn, car etc
  • Power to arrest of refuses
27
Q

What happens if unable to serve PSO during time of detention? (2)

A
  • Must release the person
  • have 48 hours to issue & serve PSO

NOTE: 48 hour period begins when qualified const authorise PSO

28
Q

What are your powers and process for some you find breaching a PSO? (4)

A
  • Arrest (reasonable force)
  • To court within 24 hours
  • Complaint to court to issue 124N order
  • No court then release on summons
29
Q

What the one thing you must do immediately if a person breaches a PSO and absconds? (1)

A

Must advise CRL

30
Q

What is the process open to you if a person breaches a PSO and absconds? (4)

A
  • 1 month to locate person
  • 24 hours to get to court once located
  • or apply for WTA 124O (to court asap)
  • complaint and seek 124N order
31
Q

What must happen to a WTA that has been issued for a breach of PSO after one month?

A

Must be withdrawn from the court

32
Q

What are the powers of the court when a breach of PSO order complaint has been made?

A
  • Direct another PSO order is made (not exceed 5 days)
  • Adjourn prodeedings to consider temporary PO
33
Q

If a court directs a PSO to be issued, who are the ‘role holders’ that issue the order? (3)

A
  • Court Orderly
  • A Constable
  • The Prosecutor
34
Q

What can the CRL be requested to do in regards to notifying a person at risk that a PSO order has been isdued by the court?

A
  • 3 telephone calls in one hour
  • send local unit to do 4Q
  • update NIA of action taken

Snr Sgts CPK: Chapter 1 (2 decks)

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