Public Protection: Domestic Abuse Flashcards
Domestic Abuse - The Domestic Abuse Act 2021
Behaviour of a person (“A”) towards another person (“B”) is “domestic abuse” if -
(a) A and B are each aged 16 or over and are personally connected to each other, and
(b) the behaviour is abusive
What is the definition of abusive behaviour? (DA)
If behaviour consist of
a) physical or sexual abuse
b) violent or threatening behaviour
c) controlling or coercive behaviour
d) economic abuse
e) psychological, emotional or other abuse
(May be directed at another person, e.g. child, but still be abusive towards B)
Definition of economic abuse (DA)
Behaviour that has a substantial adverse effect on B’s ability to
a) acquire, use or maintain money or other property or
b) obtain goods or services
Definition of “personally connected” (DA)
If any of the following applies:
a) they are, or have been married to each other
b) they are or have been civil partners of each other
c) they have agreed to marry one another (whenever or not the agreement has been terminated)
d) they have agreed into a civil partnership agreement
e) they are, or have been, in an intimate personal relationship with each other
f) there is a child in relation to whom they each have a parental relationship. Parental relationship if they are the parent or has/had parental responsibility. Child is under 18.
g) they are relatives
ESCAPES
Enter
Separate
Conduct investigation
Assess risk - DARA (domestic abuse risk assessment)
Positive action
Evidence capture
Safeguarding - RARA (remove avoid reduce accept the risk)
Victim Engagement Video
Show to DA victims, then update the force control room
What should be recorded at DA?
All DA crime and non-crime prior to end of your shift
N07a
-Police have a positive duty of care to protect victims of DA
-Where a substantive offence has been committed, there is a presumption in favour of arrest (Think why would you not arrest them, rather than why would you?)
-Consent for arrest from victims is not required, engaging with them is key to achieving a positive outcome
-Use RARA then relentless pursuit for DA suspects
Are DA victim’s VIPS?
Yes
Vulnerable
Intimidated
Persistently targeted
Serious offences - DA are serious crimes (and victim’s likely meet other criteria as well)
AWARE principlse
When you turn up to a crime think
Appearance
Words
Activity
Relationships and dynamics
Environment
Controlling or Coercive behaviour - S.76 Serious Crime Act 2015
A person commits an offence of coercive or controlling behaviour if:
a) he repeatedly or continuously engages in behaviour towards another person that is controlling or coercive
b) at the time of the behaviour, they are personally connected
c) the behaviour has a serious effect on the victim, and
d) they know or ought to know that the behaviour will have a serious effect on the victim.
Controlling behaviour
A range of acts to make a person subordinate and/or dependent by isolating them from sources of support.
Also involves exploiting their resources/capacities for personal gain.
Coercive behaviour
An act or pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish or frighten their vicitm
Controlling and coercive behaviour age restraint
Controlling and coercive behaviour can occur at any age; however, if the suspect has parental responsibility for the victim, there is no offence if the victim is under 16.
What is a serious effect? (controlling and coercive)
If it causes B to fear on at least two occasions that violence will be used
or
causes B serious alarm or distress which has a substantial adverse effect on B’s day to day activities
(Defence, if the person believes they are acting in the person’s best interest and the actions are reasonably at the time)
