Family Violence Flashcards
Effective police response to family violence is based on four core principles?
- Safety (all parties)
- Collection of risk information
- Accountability (offender)
- Working collaboratively
Police are committed to what three things in its approach to family violence?
- Prompt
- Effective
- Nationally consistent
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?
24 hours immediately following the arrest
What is the presumption when a defendant has been arrested for a FV matter?
That the defendant is to be bailed
What is the paramount consideration when considering bail of an defendant from court?
The need to protect the victim.
What is the paramount consideration when considering police bail?
Safety of the victim.
Police Employees who perpetrate family violence will be subject to the processes of what?
The code of conduct
With police employees family violence what simultaneous actions should occur?
- Where offending, normal response
- Staff welfare considerations
When do policies and procedures in the section apply?
- 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
What must you do if a police employee is arrested on a family violence matter? (2)
-
Notify:
- district Employment Practice Manager &
- Professional Standards Manager
- EAP counselling and welfare offered
What must a police officer do if they are the respondent of a PO order?
Report in writing to supervisor who must inform HR manager, etc
Can constables subject to a PO carry firearms & appointments?
No, this breaches the order.
What is a police safety order?
An immediate order issued buy a qualified constable under s.124D domestic violence act.
Does a PSO order require the victims consent?
No it does not
What is a qualified constable for the purposes of a PSO?
Substantive Sergeant/formally appointed or above
Note: An Acting Sergeant is not qualified
What three immediate effects do a police safety order do?
Person to:
- surrender any weapon/firearms license
- Vacate land/building occupied by person at risk.
- provide cooling off period
What effect does a PSO have on a Parenting Order?
Parenting Order is suspended
What two circumstances must exist before a PSO can be considered?
- no arrest made for FV
- necessary to ensure immediate safety
If person is arrested for FV then released for insufficient evidence, can a PSO order then be issued?
No, once an arrest has been made for FV, the window of opportunity to issue PSO is closed.
Other than intimate and family relationships, can a PSO be issued in other types of domestic relationships?
Yes, eg: share household/close personal relationship
When can a safety order not be issued? (3)
- Arrest made for FV
- person under 17 years
- PO issued for same person and likely breach of PO
What four factors to consider when deciding to issue a PSO?
- violence occured/likely to occur
- welfare of children
- hardship cause by PSO
- other matters
When considering hardship caused by PSO what sort of this should be considered? (3)
- Family car
- Family finances
- Finance alternative accomodation
When does a PSO order start and how long can they exist for?
- start immediately after they are served
- cannot exceed 5 days
What are the three required steps before issuing a PSO?
- All enquiries (POL1310/ODARA), consider PSO
- Seek authority to issue form qualified constable
- Document authorisation (sign POL1310/notebook)
What powers do you have once you decide to issue a PSO to someone? (3)
- detain up to 2 hours
- remove from premises to stn, car etc
- Power to arrest of refuses
What happens if unable to serve PSO during time of detention? (2)
- Must release the person
- have 48 hours to issue & serve PSO
NOTE: 48 hour period begins when qualified const authorise PSO
What are your powers and process for some you find breaching a PSO? (4)
- Arrest (reasonable force)
- To court within 24 hours
- Complaint to court to issue 124N order
- No court then release on summons
What the one thing you must do immediately if a person breaches a PSO and absconds? (1)
Must advise CRL
What is the process open to you if a person breaches a PSO and absconds? (4)
- 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
What must happen to a WTA that has been issued for a breach of PSO after one month?
Must be withdrawn from the court
What are the powers of the court when a breach of PSO order complaint has been made?
- Direct another PSO order is made (not exceed 5 days)
- Adjourn prodeedings to consider temporary PO
If a court directs a PSO to be issued, who are the ‘role holders’ that issue the order? (3)
- Court Orderly
- A Constable
- The Prosecutor
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?
- 3 telephone calls in one hour
- send local unit to do 4Q
- update NIA of action taken
