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Flashcards in Family Harm Deck (28)
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1
Q

Family Harm:

What are the Principles that guide Police practice?

A
  • Early intervention
  • Culturally appropriate
  • Safety
  • Collecting risk information
  • Accountability
  • Working collaboratively
2
Q

Family Harm:

When deciding whether to grant Police Bail after a Family Harm episode, what are three of the primary considerations ?

A
  • The safety of the victim and their family members
  • linking the victim to appropriate support services
  • defendant to have “cooling off” period
3
Q

Family Harm:
Restrictions on Police Bail … when offender has been arrested and charged with breaching a Protection Order, what are the conditions around Police Bail ?

A

Must not be granted Police Bail during the 24 hours immediately following the arrest UNLESS Court hearing earlier

NOTE: Must have authority from Sergeant +, before releasing a family violence defendant on Police Bail

4
Q

Family Harm: (Breach of Protection Orders)

What must the Court take in to consideration when granting Bail in FH episodes (under Section 8(5) Bail Act ?)

A

The need to protect the victim … is the paramount consideration when deciding whether to grant bail for breaching PO

5
Q

Family Harm:

When a Police employee is involved in a FH episode, two simultaneous actions should occur … what are they ?

A
  • the normal Police response applies
  • welfare considerations are important for both parties and the shift supervisor should (where appropriate), refer matter to local Welfare Officer
6
Q

Family Harm:

In what situations do the policy and procedures around FH apply, if a Police employee is involved in a FH episode ?

A
  • It comes to the supervises attention that employee may be experiencing family harm(perpetrator/victim) and includes anecdotal evidence
  • PSO issued or warning issued
  • Offending disclosed
  • Temporary or Final Protection Order issued
7
Q

Family Harm:

Who is responsible for ensuring the policy and procedures around FH operate within their District or place or work ?

A

District Commanders or National Managers

8
Q

Family Harm: (No Offence Disclosed)

If a Police Employee is identified as person at risk (or posing risk), what should attending officers do ?

A

Report confidentially to Supervisor, who will contact Welfare Officer

9
Q

Family Harm: (Offence/Employee K9)

If a Police Employee is arrested for FH, what should Shift Supervisor do ?

A

Report immediately to District Employee Practice Manager and Police Professional Conduct Manager

Welfare contact and Counselling through EAP, MUST be offered to victims, and if appropriate the alleged offender

10
Q

Family Harm: (Protection Orders)

If a Police Employee is issued a PO, once served the attending officer must send a copy of it to who ?

A

District Commander or National Manager

* If Employee is Superintendent or above, send to Deputy Chief Executive: People

11
Q

Family Harm: (Protection Order)

If a Police Employee is served with a PO (respondent) what should they do ?

A

Immediately report the fact in writing to Supervisor

Supervisor must inform HR Manager and Police Professional Conduct Manager

12
Q

Family Harm: (Protection Order)

If a Police Employee is applicant for a PO, what should they do ?

A

They are encouraged to report this confidentially to Police Welfare Officer and/or their Supervisor, so appropriate advice/support can be provided through EAP

13
Q

Family Harm: (Protection Order)
Police may in rare cases, consider assisting an Employee with an application to vary standard conditions relating to weapons under Section 22 of Dom. Violence Act. What enquiries must be considered ?

A

Must consider:

  • nature
  • duration
  • type of FH discloses
  • offence history
  • employees role
  • views of protected person
14
Q

Family Harm: (Police Safety Orders)

The requirement to complete a family harm investigation in OnDuty applies when police attend what type of episode ?

A

The parties involved are in, or have been in, an “intimate partner relationship” or “are family member’s”

15
Q

Family Harm: (Police Safety Orders)

To whom can you issue a PSO ?

A

PSO’s can be considered and issued in ALL responses to family harm, when the parties involved are in any “domestic relationship”

16
Q

Family Harm: (Police Safety Orders)

When can you issue a PSO ?

A

When an investigation fails to establish full evidence of an offence and the attending officers consider a cooling down period would be beneficial. NOTE: The “person at risk’s” consent is NOT required

17
Q

Family Harm: (Police Safety Orders)
Can a police officer who is formally appointed and authorised as a Sergeant under section 63 of the Policing Act 2008 issue a PSO ?

A

Yes

18
Q

Family Harm: (Police Safety Orders)

A Police safety order requires a bound person to do what (immediate effects) ?

A
  • Surrender any weapon in their control or any firearms license
  • Vacate any land or building occupied by the person at risk, regardless whether the bound person has a legal or equitable interest in it
  • provide cooling down period and space for both to seek support and assistance, includes applying for TPO’s if desired
19
Q

Family Harm: (Police Safety Orders)
If you arrest a person for a family violence related offence and later determine there is insufficient evidence to charge, can a PSO be issued ?

A

NO - The window of opportunity has then closed

20
Q

Family Harm: (Police Safety Orders)

Can you issue a PSO to a 17 year old ?

A

Yes … (Cannot issue if they are under 17 yrs)

21
Q

Family Harm: (Police Safety Orders)

What are some of the factors that you should consider when issuing a PSO ?

A

Whether the person posing risk:

  • has used, or is using family violence against victim or any other person they have a domestic relationship with
  • Will use family violence against the victim
  • Welfare of any children
  • Hardship that maybe caused if PSO issued
  • Any other matters considered relevant
22
Q

Family Harm: (Police Safety Orders)

You can detain a person for up to 2 hours to issue a PSO. When does the two hour period commence ?

A

The two hour period commences when the constable decides that a PSO is necessary and seeks authorisation from a qualified constable

23
Q

Family Harm: (Police Safety Orders)

What is the only criminal offence relating to PSO’s ?

A

If a bound person fails to remain at the place where they are detained

NOTE: A bound person can be arrested for breaching a PSO, but they cannot be charged as it is not an offence

24
Q

Family Harm: (Police Safety Orders)
If you are unable to issue and serve the order within two hours you must release the detained person. You then have 48 hours to issue and serve the order. When does the 48 hour period commence ?

A

The 48 hour period commences from the time a qualified constable authorises the issuing of the PSO

25
Q

Family Harm: (Police Safety Orders)
If you seize firearms under the S and S Act 2012 when serving a PSO, a report must be submitted to the commissioner within how many days ?

A

3 days

26
Q

Family Harm: (Police Safety Orders)
If a bound person is arrested for breaching a PSO, they must be brought before the court within 24 hours. If Police are unable to bring the person to court within 24 hours what must they do ?

A

The person must be released and summonsed to appear

27
Q

Family Harm: (Police Safety Orders)

If a bound person has breached a PSO, what sanctions can the court take ?

A
  • Continue with the existing order
  • direct another order to be issued (up to 5 days)
  • adjourn the proceedings so that judge can consider whether TPO should be issued
28
Q

Family Harm: (Protection Orders)

As an Overview … When police officers serve protection orders, what opportunities does this provide ?

A

‘Crime prevention’ and ‘Victim focused’ safety opportunities