Investigation Flashcards
What is the definition of assault, as per the S2 interpretation in the Crimes Act?
The act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply force to the person of another if the person making the threat has, or causes the other to believe on reasonable grounds that he has the present ability to effect his purpose.
What does S188 of the Crimes Act state with regard to wounding with intent?
Everyone is liable to imprisonment for a term not exceeding 14 years who, WITH INTENT TO CAUSE GBH to anyone, wounds, maims, disfigures or causes GBH to any person.
Everyone is liable to imprisonment for a term not exceeding 7 years who, WITH INTENT TO INJURE anyone, or with reckless disregard for the safety of others, wounds, maims, disfigures or causes GBH to any person.
What does S189 of the Crimes Act state with regard to injuring with intent?
Everyone is liable to imprisonment for a term not exceeding 10 years who, WITH INTENT TO CAUSE GBH to anyone, injures any person.
Everyone is liable to imprisonment for a term not exceeding 10 years who, WITH INTENT TO INJURE to anyone, or with reckless disregard for the safety of others, injures any person.
What does S190 of the Crimes Act state with regard to injuring by unlawful act?
Everyone is liable to imprisonment for a term not exceeding 3 years who injures any person in such circumstances that if death had been caused, he would have been guilty of manslaughter.
What does S191 of the Crimes Act state with regard to aggravated wounding or injury?
Everyone is liable to imprisonment for a term not exceeding 14 years who with intent to:
Commit/Facilitate the commission of an imprisonable offence; Avoid the detection of himself or any other person in the commission of an imprisonable offence; Avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offence;
Wounds, maims, disfigures, causes GBH to, stupefies or renders unconscious any person, or by any violent means renders any person incapable of resistance.
Everyone is liable to imprisonment for a term not exceeding 7 years who with intent to:
Commit/Facilitate the commission of an imprisonable offence; Avoid the detection of himself or any other person in the commission of an imprisonable offence; Avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offence INJURES any person.
What does S194 of the Crimes Act state with regard to assault on a child or MAF?
Everyone is liable to a term of imprisonment not exceeding 2 years who assaults any child under the age of 14 years OR being a male, assaults any female.
What does S196 of the Crimes Act state with regard to Common Assault?
Everyone is liable to a term of imprisonment not exceeding 1 year who assaults any other person.
What does S198 of the Crimes Act state with regard to discharging a firearm or doing a dangerous act with intent?
Everyone is liable to a term of imprisonment not exceeding 14 years who, with intent to do GBH, discharges any firearm, airgun, or other similar weapon at any person; or sends/delivers/puts in place any explosive substance or injurious substance/device; or sets fire to any property.
Every one is liable to a term of imprisonment not exceeding 7 years who, with intent to injure, or with reckless disregard for the safety of others, discharges any firearm, airgun, or other similar weapon at any person; or sends/delivers/puts in place any explosive substance or injurious substance/device; or sets fire to any property.
What does S198A of the Crimes Act state with regard to using any firearm against a law enforcement officer?
Everyone is liable to imprisonment for a term not exceeding 14 years who uses any firearm in any manner whatever against any constable/traffic officer/prison officer acting in the course of his/her duty knowing that, or being reckless whether or not that person is a constable/traffic officer/prison officer so acting.
Everyone is liable to imprisonment for a term not exceeding 10 years who uses any firearm in any manner whatever with intent to resist the lawful arrest or detention of him/herself or of any other person.
What does S202C of the Crimes Act state with regard to Assault with a Weapon?
Everyone is liable to imprisonment for a term not exceeding 5 years who in assaulting any person, uses anything as a weapon, or while assaulting any person, has anything with him or her in circumstances that prima facie show an intention to use it as a weapon.
What is generally accepted definition of injury (“bodily harm”) as described by Brookers?
All that is necessary is that there should be a hurt or injury calculated to interfere with the health or comfort of the victim. It need not be an injury of a permanent character; nor need it amount to what would be considered a grievous bodily harm. The bodily harm may be internal or external, it need not be permanent or dangerous. It need not amount to maiming, disfigurement, or disablement but it must be more than merely transitory and trifling.
What is the Police Manual glossary definition of act or gesture?
Usually, physical movement is necessary for a threat to constitute an assault. In most cases, the movement is accompanied by words, and the combination of the two proves the suspect’s intent. However, physical contact is not necessary for a threat to constitute an assault.
What is the Police Manual glossary definition of any person?
Not confined to the intended victim - a suspect who intends to harm one person but in fact harms another can still be guilty of assault.
What is the Police Manual glossary definition of applying force?
Hitting, with or without an object. Force used can be minimal.
What is the Police Manual glossary definition of conditional threat?
A threat conditional on some subsequent action, which can constitute an assault provided the other requirements of the definition are met.
What is the Police Manual glossary definition of indirect assault?
When the force is not applied directly to the victim, but force is applied to something else which then strikes the person.
What is the Police Manual glossary definition of disfigures?
An external injury that mars or alters a person’s appearance.
What is the Police Manual glossary definition of the Doctrine of transferred malice?
When the defendant intends to commit a particular crime, commits that crime even if the result is unintended. For example if they intend to assault a particular person but assault someone else as well in the process, they are also guilty of assault on that second person even though it was not their intent.
What is the Police Manual glossary definition of a firearm?
Anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive?
What is the Police Manual glossary definition of grievous bodily harm?
Harm that is really serious or really seriously hurts eg stab wound penetrating a vital organ.
What is the Police Manual glossary definition of injures?
To cause actual bodily harm, which does not require proof of physical injury and may include the production of a mental condition, any hurt calculated to interfere with the health of the victim that is more than transient and trifling.
What is the Police Manual glossary definition of intent?
What the offender meant to do. Can be proved by circumstantial evidence, nature of the offence, suspect’s explanation.
What is the Police Manual glossary definition of maim?
To cause serious bodily injury, eg the loss of a body part - more than disfigurement, there must be permanent weakness or loss.
What is the Police Manual glossary definition of manslaughter?
Culpable homicide not amounting to murder.
What is the Police Manual glossary definition of obstructs?
An act of deliberate and intentional obstruction.
What is the Police Manual glossary definition of recklessness?
If a person has a conscious appreciation of the danger or unreasonable risk of damage but continue nevertheless.
What is the Police Manual glossary definition of stupefied?
To have caused an effect on the mind or nervous system of a person that really seriously interferes with that person’s mental or physical ability to act in any way that might hinder an intended crime.
What is the Police Manual glossary definition of wounding?
If the skin has been broken or if there is a bleeding internal injury. Needs to have more than a minimal flow of blood. Proof of permanent injury not required.
What are the elements of the offence of acid throwing? (S199 Crimes Act)
You must prove the ID of the suspect and that they threw or applied a corrosive or injurious substance with intent to injure or disfigure anyone.
What are the elements of the offence of aggravated assault? (S192(1) Crimes Act)
You must prove the ID of the suspect and that they assaulted any other person with intent to commit or facilitate the commission of an imprisonable offence, to avoid detection of themselves or another in the commission of an imprisonable offence, or avoid arrest or facilitate flight of themselves or another upon commission or attempted commission of an imprisonable offence. The intent of the offender must be proven both with regard to the assault and the other imprisonable offence.
What are the elements of the offence of aggravated wounding? (S191(1) Crimes Act)
You must prove the ID of the suspect and that they wounded, maimed, disfigured, caused GBH, stupefied, renders unconscious or incapable of resistance by violent means, with intent to commit or facilitate the commission of an imprisonable offence, to avoid detection of themselves or another in the commission of an imprisonable offence, or avoid arrest or facilitate flight of themselves or another upon commission or attempted commission of an imprisonable offence.
What is the difference between aggravated wounding and aggravated injury?
The degree of violence used in committing the offence.
What are the elements of the offence of aggravated injury? (S191(2) Crimes Act)
You must prove the ID of the suspect and that they injured any person with intent to commit or facilitate the commission of an imprisonable offence, to avoid detection of themselves or another in the commission of an imprisonable offence, or avoid arrest or facilitate flight of themselves or another upon commission or attempted commission of an imprisonable offence.
What are the elements of the offence of male assaults female? (S194(b) Crimes Act)
You must prove the ID of the suspect and that he assaulted a female. Should be used when the assault is more than trifling, rather than automatically.
What are the elements of the offence of assault on a child? (S194 Crimes Act)
You must prove the ID of the suspect and that they assaulted a child under the age of 14.
What are the elements of the offence of aggravated assault on Police/person executing a process? (S192(2) Crimes Act)
You must prove the ID of the suspect and that they assaulted any constable, person aiding a constable or person in the lawful execution of a process with intent to obstruct the person so assaulted. You must also prove that the suspect assumed the victim was as above and that the intent was to obstruct them in the execution of their duty. There is a defence to this if the person believed the constable (or otherwise) was using excess force (S48).
What are the elements of the offence of assault on police, traffic or prison officer? (S10 Summary Offences Act)
You must prove the ID of the suspect and that they assaulted any police constable/traffic officer/correctional officer who was acting in the execution of their duty. You must prove the intent to assault and the intent to obstruct in the execution of their duty. This is used for trifling assaults.
What are the elements of the offence of assault with a weapon? (S202C Crimes Act)
You must prove the ID of the suspect and that they assaulted a person using any thing as a weapon, or while assaulting any person, had a thing with them in circumstances that prima facie showed an intention to use it was a weapon.
What are the elements of the offence of assault with intent to injure? (S193 Crimes Act)
You must prove the ID of the suspect and with intent to cause actual bodily harm, assaulted any person.
What are the elements of the offence of common assault? (S196 Crimes Act)
You must prove the ID of the suspect and that they assaulted any person. Whether to charge Crimes Act or Summary Offences Act depends on the nature and circumstances of the assault, but the ingredients are the same.
What are the elements of the offence of ill-treatment or neglect of a child or vulnerable adult? (S195 Crimes Act)
You must prove the ID of the suspect and that they intentionally engaged in conduct or omits to discharge, or perform any legal duty the omission of which is likely to cause suffering, injury, adverse health, mental disorder or disability to a child or vulnerable adult if the aforementioned conduct is a major departure from the standard of care to be expected of a reasonable person, and the suspect has actual care or charge of the victim or is a staff member of an institution where the victim resides.
What are the elements of the offence of failure to protect child or vulnerable adult? (S195A Crimes Act)
You must prove the ID of the suspect and that they knew the victim was at risk of death/gbh/sexual assault as the result of an unlawful act by another person, omission by another person if that omission is a major departure from the standard of care expected of a reasonable person, fails to take reasonable steps to protect the victim being a member of the same household or a staff member at an institution where the victim resides and that they had frequent contact with the victim.
What are the elements of the offence of disabling? (S197 Crimes Act)
You must prove the ID of the suspect and that they stupefied or rendered unconscious any person wilfully and without lawful justification or excuse.
What are the elements of the offence of discharging a firearm or doing a dangerous act with intent - intent to cause gbh? (S198(1) Crimes Act)
You must prove the ID of the suspect and that with intent to cause gbh, they discharged any firearm/airgun/other similar weapon at any person, or sent or delivered to any person or put in any place any explosive or injurious device, or set fire to any property.
What are the elements of the offence of discharging a firearm or doing a dangerous act with intent - intent to injure? (S198(2) Crimes Act)
You must prove the ID of the suspect and that with intent to injure or with reckless disregard for safety, discharged any firearm/airgun/other similar weapon at any person, or sent or delivered to any person or put in any place any explosive or injurious device, or set fire to any property.
What are the elements of the offence of injuring by unlawful act? (S190 Crimes Act)
You must prove the ID of the suspect and that their act or omission resulted in injury to any person in circumstances such that if death occurred it would have been manslaughter.
What are the elements of the offence of injuring with intent to cause gbh? (S189(1) Crimes Act)
You must prove the ID of the suspect and that they injured any person with intent to cause gbh to anyone.
What are the elements of the offence of injuring with intent to injure? (S189(2) Crimes Act)
You must prove the ID of the suspect and that they injured any person with intent to injure anyone, or with reckless disregard for the safety of others.
What are the elements of the offence of using a firearm against a law enforcement officer? (S198A(1) Crimes Act)
You must prove the ID of the suspect and that they used any firearm in any manner against a constable/traffic officer/prison officer acting in the execution of their duty, knowing or being reckless as to whether that person is a constable/traffic officer/prison officer.
What are the elements of the offence of using a firearm to resist arrest? (S198A(2) Crimes Act)
You must prove the ID of the suspect and that they used a firearm in any manner with intent to resist lawful arrest or detention of themselves or any other person.
What are the elements of the offence of commission of a crime with a firearm? (S198B Crimes Act)
You must prove the ID of the suspect and that they used any firearm or had a firearm with them in the committing any imprisonable offence in circumstances that prima facie show an intent to use it in connection with the imprisonable offence. Possession is insufficient.
What are the elements of the offence of poisoning with intent to cause gbh? (S200(1) Crimes Act)
You must prove the ID of the suspect and that they administered to, or caused to be taken by any person, poison or a noxious substance with intent to cause gbh.
What are the elements of the offence of poisoning with intent to cause inconvenience or annoyance? (S200(2) Crimes Act)
You must prove the ID of the suspect and that they to anyone, or for any unlawful purpose, administered to or caused to be taken by any person, poison or noxious substance with intent to cause inconvenience or annoyance.
What are the elements of the offence of infecting with disease? (S201 Crimes Act)
You must prove the ID of the suspect and that they caused or produced in any other person, any disease or sickness wilfully and without lawful justification or excuse.
What are the elements of the offence of setting trap or device with intent to injure? (S202(1) Crimes Act)
You must prove the ID of the suspect and that they set, placed or caused to be set or placed, a trap or device that is likely to injure any person, with intent to injure or with reckless disregard for the safety of others.
What are the elements of the offence of permitting set trap likely to injure to remain? (S202(2) Crimes Act)
You must prove the ID of the suspect and that they, in occupation or possession of any place where any trap or device has been set or placed, and knowingly and wilfully, permitted the trap or device to remain there in such a condition that any person is likely to be injured.
What are the elements of the offence of impeding rescue? (S204(1) Crimes Act)
You must prove the ID of the suspect and that they, without lawful justification or excuse, prevented or impeded, or attempted to prevent or impede any person attempting to save their own life or the life of any other person.
What are the elements of the offence of wounding with intent to cause gbh? (S188(1) Crimes Act)
You must prove the ID of the suspect and that they wounded, maimed, disfigured or caused gbh to any person, with intent to cause gbh to anyone.
What are the elements of the offence of wounding with intent to injure? (S188(2) Crimes Act)
You must prove the ID of the suspect and that they wounded, maimed, disfigured or caused gbh to any person with intent to injure anyone, or with reckless disregard for the safety of others.
What are the guidelines around the “defence of consent” with relation to assault?
As a general rule a person can consent to the application of force that causes harm short of serious bodily harm or death.
What is “implied consent” with relation to assaults?
The person doing the touching assumes the other person will consent, such as with handshakes or contact sport.
Is there certainty around what extent a person may consent to danger of death or bodily harm?
No - a possible defence of consent is determined by a judge as a preliminary matter in any hearing. A person cannot consent to their own death.
What are the sections of the Crimes Act that justify the lawful use of force for the execution of legal process, lawful arrest, preventing escape or suicide and suppressing riots?
S39-S47.
What is the section of the Crimes Act that justifies the lawful use of force for self defence and the defence of others?
S48.
What are the sections of the Crimes Act that justify the lawful use of force for the defence of property?
S52, S53, S55 and S56.
What is the section of the Crimes Act that justifies the lawful use of force for parental control?
S59.
What is the section of the Crimes Act that justifies the lawful use of force for discipline on ships and aircraft?
S60.
What are the sections of the Crimes Act that justify the lawful use of force for surgical operations?
S61 and S61A.
What is the section of the Crimes Act that justifies the lawful use of force for obtaining identifying particulars of a person in custody?
S32.
What are the 4 initial action procedures that should be conducted with regard to assault incidents?
Guard, Control, Freeze, Preserve.
How should forensic evidence be collected from a seriously injured victim?
Arrange for full medical examination, obtain full written doctors report, assign an OC victim (SITREPS/dying statement), obtain photographs.
Who should statements be obtained from with regard to serious assaults?
All witnesses, medical staff, and if the offender is unknown, consider neighbours, transport operators, vendors, shift workers, hospital staff, media enquiries, security cameras and suspect computer sketches.
What basic procedures should be followed when interviewing an assault suspect?
Interview/obtain statement, note and photograph any injuries, consider arranging full medical examination in order to establish injuries/identifying features/forensic samples, and if possible obtain a voluntary DNA sample.
What action should be undertaken in relation to charging in cases of serious assault where the victim may die?
Charge the suspect with assault appropriate to the circumstances, seek remand without plea, if the suspect enters a plea, inform the court of the circumstances and seek remand without conviction, then lay a more appropriate charge and withdraw the original at a later date if the victim’s condition or the circumstances change.
How long do you have to file assault charges under the Summary Offences Act?
12 months.
Which charge should you lay for an assault where the victim is a police/traffic/prison officer, but the circumstances are such that there is doubt whether the officer was acting in the execution of duty?
Common assault.
Can a person be charged for murder/manslaughter if they have already been convicted on assault charges for the same actions?
Yes, if the victim dies of their injuries less than a year and a day after the original assault.
What is the general rule around laying charges for assault?
Any charge laid must meet the test for prosecution at the time the charge was laid, but it is generally preferable to file a very serious assault charge without prejudice to filing a homicide charge if the victim should later die.
What are the two exceptions to the double jeopardy rule?
Tainted aquittal, or compelling new evidence.
When do Family Violence policy and procedures apply to incidents?
When the parties involved are in or have been in an intimate partner relationship, or are family members.
Under Family Violence Policy, what is the definition of active case management?
Actions undertaken from initial attendance at a family violence incident by police, through inter-agency assessment and the subsequent integrated response to the incident by relevant agencies.
Under Family Violence Policy, what is the definition of an adult?
A person 17 or older at the time of a reported occurrence.
Under Family Violence Policy, what is the definition of a child?
A person aged 16 years or under at the time of a reported occurrence.
Under Family Violence Policy, what dictates a close personal relationship?
Nature and intensity of the relationship, including the amount of time spend together, places that time is ordinarily spent, the manner in which that time is ordinarily spent and the duration of the relationship.
Under Family Violence Policy, what is the definition of a domestic relationship as per S4 of the Domestic Violence Act?
A relationship where a person:
Is the partner of the other person.
Is a family member of the other person.
Ordinarily shares a household with the other person.
Has a close personal relationship with the other person.
Under Family Violence Policy, what is the definition of psychological abuse?
Emotional rather than physical attack, includes name calling, constant criticism and put downs, restricting who the victim contacts and where they go, and extends to extremely controlling behaviour that creates an environment of fear and isolation.
Under Family Violence Policy, what is the definition of psychological abuse of children?
Causing or allowing a child to see or hear the physical, sexual or psychological abuse of a person with whom the child has a family relationship, or put the child (or allow the child to be put) at real risk of seeing or hearing that abuse occurring - unless they are the person suffering the abuse.
Under Family Violence Policy, what is the definition of a safety plan?
A written plan completed with a victim to ID potential risks and actions to manage safety including identifying places of safety and people to contact, packing clothing/passports/money should immediate departure be required, compiling a list of emergency phone numbers, talking with children about what to do if violence occurs.
Under Family Violence Policy, what is the definition of a situational response to family violence?
A situational response is sensitive to family violence by relationship type and seriousness of the occurrence. It is tailored to the occurrence type to ensure relevant information is collected and that decisions about both the offender and the victim are evidence based and as accurate as possible on the known information at the time.
Under Family Violence Policy, what is the definition of violence?
Physical/sexual/psychological abuse, including intimidation, harassment, damage to property and threats of abuse. Abuse may be either a single act or a number of acts forming a pattern of behaviour.
What are the four core principles that guide Police practice when responding to family violence incidents?
Safety, collection of risk information, accountability and working collaboratively.
What are some different types of family violence, other than intimate partner violence and violence towards children?
Teen dating/teen violence, elder abuse, honour based violence.
What powers do you have under the Search and Surveillance Act that may be relevant to family violence offences?
S14 (emergency power), S18(1)&(2) (in possession of arms with Protection Order or in breach of the Arms Act), S18(3) (arms in place or vehicle & cat 3 or 4 offence or offence against Arms Act) Subpart 7 (Drugs)
What powers do you have under the CYPF Act that may be relevant to family violence offences?
S39, S42, and entry to enforce warrants issued under Care of Children Act.
What should you consider when preparing to respond to family violence incidents?
Keep an open mind. Take actions focusing on:
Protecting victims,
Ascertaining if there are any weapons early,
IDing relevant parties and relationships,
IDing nature of occurence/if ODARA is met,
Investigating offences.
What procedures should be followed when responding to and entering the scene of a family violence occurrence?
Obtain all historic information.
Anticipate substances/weapons/heightened emotional state/presence of children.
Treat scene as for serious offending.
Follow standard procedures, consider ILO.
Check for weapons and secure.
Follow ASAT or CPP procedures if necessary.
Every case must have a POL completed.
What should be kept in mind when conducting investigations and crime scene examinations with relation to family violence offences in particular?
Always investigate the matter from the outset as a potential not guilty.
Always look for evidence to corroborate allegations and record the demeanor of parties involved.
If strangulation is disclosed or suspected, conduct follow up photos 24-48hrs later. Always seek medical attention.
What action should be taken when the suspect for a family violence offence is not located at the scene?
Consider victim’s safety/relocation.
Consider PSO.
Log address with Comms.
Consider panic alarm.
What action should be taken when attending a family violence incident where firearms may be present?
Always consider this as a possibility - check NIA.
Check for PSO/Protection Order/license endorsements.
Consider issuing PSO if one is not in place - exercise power to seize.
Complete enquiries RE revocation of license.
With regard to family violence incidents, what should be considered as information that may corroborate a victim’s allegations?
Medical examinations/Dr’s reports.
Photos of injuries
Scene examination evidence (photos/diagrams)
Clothing
Witness statements
111 tape
Old FVIR ratings, FV reports, ODARA scores
Emails/text messages/phone records
Admissions or other corroborating or damaging statements by a suspect.
What does family violence policy dictate around the interviews of victims of family violence offending?
Interview early as they often recant and minimize the violence. Obtain a statement at the time or you may lose the opportunity.
Why is risk information gathered for family violence offences?
Assists determining the appropriate course of action.
Shows presence of risk indicators and future risk.
Alerts you to matters of acute concern.
Allows for patterns of behaviour to be seen over time.
Enables accurate summary of risks.
Informs FVIARS agencies.
What factors do the risk form used for reporting family violence incidents collect information about?
Those that indicate potential harm or lethality to children living where the FV is occurring, IPV situations to indicate potential future harm.
Where should risk assessment forms for FV incidents be completed?
Ideally, at the scene.
What are the ODARA qualifying criteria?
Assault (including sexual assault), or a credible threat of harm with weapon in hand in the presence of the victim, whether or not there is evidential sufficiency to prosecute.
Where might an ODARA score be used?
Ops to bail, sentencing, parole, victim safety planning.
What should be included on a child risk factors form?
Information for all children under 17 years, but not those who were only visiting at the time of the occurrence.
When should a report of concern be made to CYFS?
When CRF priority factors are present, CPP is not met, or you think it is still appropriate for a ROC to be made.
What are the CRF priority factors?
Previous or current evidence of child abuse or neglect.
Basic needs of children not being appropriately addressed.
Breach of protection order, family court order or PSO.
Does CPP protocol apply when a family violence incident is classed as “critical”?
Yes.
Does CPP protocol apply when a family violence incident is classed as “serious child abuse”?
Yes.
Does CPP protocol apply when a family violence incident is classed as indicated as having priority factors on the CRF?
No.
Does CPP protocol apply when a family violence incident is classed as “other risk indicated case”?
No.
Does CPP protocol apply when a family violence incident has children present?
No.
What does family violence policy indicate with regard to deciding whether to arrest?
If there is sufficient evidence of an offence, suspects should be arrested. Consult supervisor when offences are disclosed but action other than arrest is considered, such as PSO.
What should you consider when choosing what charge to lay on a family violence offender?
Do not minimise violence.
Aim the charges at making offender accountable.
Consider any continuing risk the offender poses to the victim.
When there is an assault and a breach of protection order as part of a family violence occurrence, what action should you take in relation to charging decisions?
Charge the offender with the assault and the breach, do not release the offender on bail for 24 hours, provided there is no court hearing before that period has elapsed.
What are the restrictions surrounding police bail if an offender is charged with breaching a protection order?
The offender must not be granted police bail during the 24 hours immediately following the arrest, and they must be brought before a court as soon as possible.
What is the meaning of “domestic violence” under S3 of the DV Act?
Physical abuse; sexual abuse; psychological abuse including intimidation, harassment, damage to property, threats of physical/sexual/psychological abuse, financial or economic abuse; causing or allowing a child to see or hear physical/sexual/psychological abuse of a person with whom the child has a domestic relationship, or puts (or allows a child to be put) at real risk of seeing or hearing that abuse occurring. Can be a single act or a number of acts that form a pattern of behavior.
What is the meaning of “domestic relationship” under S4 of the DV Act?
Spouses, family members, people who ordinarily share a household, people who have a close personal relationship. Close personal relationship is dictated by the nature and intensity of the relationship including time spent together, place time is spent together, manner in which time together is spent and the duration of the relationship.
Who can you issue a PSO against?
A person who is or has been in a relationship with the other person.
What are the criteria for a PSO?
You do not arrest, but have RGTB that issuing the order is necessary to ensure the safety of the person at risk.
What must be considered when deciding whether to issue a PSO?
Whether in the circumstances it is likely that person A has used domestic violence against person B or has/is using domestic violence against any other person; whether there is a likelihood that person A will use (or again use) domestic violence against person B; the welfare of any children residing with person B; the hardship that may be caused if the order is issued; any other matter that the constable considers relevant.
Who must authorise a PSO?
A sergeant or above.
Do you need a person’s consent in order to issue a PSO?
No.
Can you issue a PSO against a child?
No.
What must a person against whom a PSO is issued immediately do?
Surrender to a constable any weapons in their possession/control and any firearms licence, then vacate any land or building occupied by a person at risk whether or not they have a (legal) interest in it.
What are the conditions of a PSO?
The person who it is issued against must not: threaten to or actually physically/sexually abuse a person at risk;
threaten to or actually damage the property of the person at risk;
threaten or actually engage in behaviour that amounts to psychological abuse including intimidation or harrassment;
watch/loiter near/hinder access to any place that the person at risk visits often;
follow or stop and accost the person at risk;
remain on land or in a building where a person at risk is present; make any contact with a person at risk except in an emergency;
encourage any other person to do anything that if done by them would constitute a breach.
Who is considered a person at risk for the purposes of a PSO?
The person named in the order as the person at risk, and any child residing with them.
What happens to a person’s firearms license when a PSO is issued against them?
It is deemed to be suspended and they are, for all purposes, deemed not to be the holder of a firearms licence.
What happens to a parenting order in place when a PSO is issued?
The provisions of the parenting order are suspended while the order is in force.
How long do you have to serve a PSO from the time of issue?
48 hours.
What are the rules around detaining a person for a PSO?
You may detain for up to 2 hours to obtain authorisation, issue the order or serve the order. Detain includes move the person to a Police station, and if they fail to remain where they are detained then they may be arrested without warrant.
What are the issuing constable’s responsibilities with regard to explaining a PSO?
You must explain as far as reasonably practicable in the circumstances the purpose, duration and effect of the order, and the consequences that contravening the order may have, to both the bound person and the person at risk.
What are the time restraints around PSO’s?
PSO is in effect for the period specified in the order, but no more than 5 days.
What is the action to be taken when a PSO is contravened?
Take into custody, must be brought before a court within 24 hours.
What happens when you take someone into custody for a breach of PSO, and they cannot be brought before a court within 24 hours?
They are to be released and issued with a summons, if they don’t attend they will get a WTA.
What are the court’s options when a person is brought before them for a breach of PSO?
They can issue another PSO, whether or not the original one has expired, or they can issue a temporary protection order.
If a person has a temporary protection order issued against them by the court from a breach of PSO, what must the registrar of the court then do?
Immediately issue the order, and wherever practicable, serve a copy of the order on the respondent before they leave the court, and sent it to the nearest Family Court to where the person lives.
Are police employees protected from proceedings with regard to actions taken around PSO’s?
Yes, as long as they acted in good faith and with reasonable care.
What are the standard conditions of a protection order?
Threaten to or actually physically or sexually abuse the protected person;
Threaten to or actually damage the protected person’s property;
Threaten to or actually engage in behaviour that amounts to psychological abuse;
watch/loiter near/hinder access to any place that the protected person visits often;
follow or stop and accost the protected person;
enter remain on land or in a building where the protected person occupies or is present; make any contact with a person at risk except in an emergency/is permitted under written agreement relating to a minor/is permitted under a special condition/is necessary for FGC/is necessary for a settlement conference;
encourage any other person to do anything that if done by them would constitute a breach.
What are the powers of arrest for a breach of protection order?
Where a protection order is in force, any constable may arrest without warrant any person who the constable has good cause to suspect has contravened the protection order or has failed to comply with any condition of the protection order.
