Police Scotland Domestic Abuse - Initial Investigation PDF

OFFICIAL Unit 6 Lesson 7.2...

OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation Learning Aim: The learner will be able to explain the impact of Domestic Abuse and the Police role in protecting victims Learning Outcomes: Introduction On successful completion of the lesson, It is essential when dealing with a domestic students will be able to:- abuse incident that you communicate appropriately with both the victim and the 1. State what crimes are most accused. commonly associated with domestic The victim and accused must recognise that abuse. Police Scotland finds domestic abuse unacceptable and any complaint will be 2. Describe the responsibilities you thoroughly investigated. Police actions should have when investigating a domestic be positive and proactive. abuse incident. Police dealings with the victim must be tactful and sensitive, taking time to listen and understand the circumstances. Failing to do 3. Explain the Domestic Abuse this may cause the victim to lose faith in the Questions (DAQ) and risk police in general and fail to contact us again assessment process. regardless of the problem. 4. Outline the Disclosure Scheme for Domestic Abuse Scotland (DSDAS). 1 st Amended 12 March 2024 v.5 OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation Crimes Associated with Domestic Abuse You will find that the crimes or offences most commonly involved in instances of domestic abuse will be:- Assault Breach of the Peace Stalking Sexual Crimes Other associated crimes and offences include:- Vandalism Theft Fraud Extortion (for financial or sexual gain) Animal Cruelty Fire-raising Abduction Threats Possession of offensive weapons Murder Cognisance should be taken of the fact that not all victims show outward sign of distress and as such, the absence of distress does not mean an incident has not occurred. Note:- Refer to your “Crimes of Disorder” Lesson in Unit 4 as a reminder of the above crimes and essential elements in relation to them. Domestic Abuse is very much a multi-agency issue and often no single agency can tackle the problem alone. The ability of Police Scotland to tackle Domestic Abuse will be enhanced by the ongoing development of multiagency partnerships, both statutory and voluntary. To tackle Domestic Abuse successfully on a multi-agency basis, it is crucial that all agencies involved have a clear understanding of not only their own roles and responsibilities, but also those of other constituent agencies. Failure by any agency to achieve this level of understanding will result in confusion and ineffective responses to victims. 2 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation Investigating Domestic Abuse Police Scotland has pledged to provide a professional, caring and victim-centred approach to victims of domestic abuse and has a duty to investigate fully any complaint of abuse. Roles and Responsibilities Police Scotland has in place a three tiered approach to tackling domestic abuse. Tier 1 Local policing response, made up by officers and staff across Scotland, working with local communities to support victims and bring domestic abuse perpetrators to justice. Tier 2 Domestic Abuse Investigation Units (DAIU), committed to undertaking investigations of a more complex nature or of greater risk. These are specialists, based in local policing divisions who are best placed to support officers and work with specialist partners in our communities to support victims and bring offenders to justice. Tier 3 Domestic Abuse Task Force (DATF) of the Specialist Crime Divisions leads on investigations involving serial 3 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation perpetrators who move from relationship to relationship causing harm to others. The DATF do not only focus on the most recent victim(s). They look at the lifetime of a perpetrator’s domestic relationships and offending history, seeking to build a strong evidential case and prevent further abuse. They also work with local divisions in investigating complex abuse, both recent and non-recent. This tiered approach is coordinated by our Domestic Abuse Coordination Unit, a small team of officers who work with wider Public Protection colleagues and divisional personnel to ensure the development and application of effective national policy and practice across Scotland. Tier 1 - Operational Policing – Your Responsibilities This is the initial response to reports of domestic abuse and encapsulates almost every report coming into the service. The operational response in Tier 1 includes a number of policing divisions i.e. Contact, Command and Control Division, Local Policing Divisions and Criminal Justice Division. When attending and investigating domestic abuse incidents there are areas of responsibility that must be considered. They are as follows:- Attend and assume operational responsibility Prioritise and establish the safety and wellbeing of the victim. Medical attention must be an immediate consideration; options include requesting the attendance of an ambulance or a doctor Prioritise the safety and wellbeing of the victim’s family and any other relevant persons, including the perpetrator. This includes considering matters of Adult and Child Protection and where concerns are present, taking appropriate action Ensure the victim is spoken to separately from potential perpetrators out with both their hearing and sight. Note:- In any investigation good practice dictates that witnesses are interviewed in appropriate circumstances and surroundings. This is especially relevant in the domestic situation where any attempt to obtain a witness statement in the presence of a partner or suspect would be unprofessional and place undue pressures on the witness or victim. It is very important that the abused partner feels safe to tell you what exactly 4 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation has occurred and is afforded the time to do so. This can only happen out with the presence of the other partner. Officers will carry out enquiries to ensure the welfare of any child present. Make sure you see the child, be aware of adults telling you that the child is asleep, upset or scared. How can you speak to the wellbeing of the child if you have not seen them? If a child was present but is no longer at the locus of the incident, measures must be taken to ensure their wellbeing Where it is suspected that a child has seen or heard or experienced domestic abuse, the attending officers should make efforts to speak with the child to establish if they are a witness to domestic abuse if they feel safe and if there is anything that is upsetting them. Note:- Children who have witnessed the abuse must always be taken into consideration. When dealing with a domestic dispute the child’s parents may have been taken to hospital, to a place of refuge or into police custody. In such a case you should ensure that any children are properly cared for, while friends or relatives may be able to assist, it is important that a full risk assessment is conducted and social services are involved in the decision and all appropriate checks made. It is understandable why the abused partner may be reluctant for their children to provide statements but do not discount this as a possibility, especially in more serious cases. Officers can speak to children who have witnessed Domestic Incidents without the need for a Joint Investigative Interview (JII). Caution must be exercised to ensure that officers ask only enough questions to gain basic information such as establishing the child’s safety, gaining a brief account, the identity of the perpetrator and locus and any other information to preserve evidence. It is good practice to seek permission from the child’s parents/carers (not the suspected perpetrator). Any statements made should be recorded in the officer’s notebook/mobile device and signed and endorsed by the adult/carer present. Officers must inform the PF of the child’s suitability as a witness and their parents/carer’s opinion on giving evidence. Generally, the PF is reluctant to use children as witnesses unless their evidence is essential, and where it is, an assessment will be made regarding the best interests of the child but may request that consideration is given to a full video recorded interview. 5 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation There is no age limit regarding children providing statements. As an indicator, the child should be able to communicate and describe the events effectively. Officers should use their judgment on whether a statement from the child is in their best interests as well as the interests of the investigation. Afford the victim the opportunity to specify gender of the interviewing officer and any interpreter if used. (i.e. noting full statement per Victim and Witnesses (Scotland) Act 2014) Complete the Domestic Abuse Questions (DAQ) with the victim, recording all replies whist proving the responses and take appropriate action to maximise safety (consider undertaking this prior to noting of a statement to ensure all relevant matters are considered) Note:- It is the responsibility of first response officers and their supervisor to identify risk factors, who is at risk and decide what level of intervention is required. Consider the need to check SHOGUN (national firearms database) to ascertain if any party including the victim hold a Firearms, Shotgun or Air Weapon certificate. If so, there is an expectation these will be seized unless in exceptional circumstances Conduct a full and thorough investigation secure all available inculpatory and exculpatory evidence and take appropriate action Note:- It must be noted that attempts to gather evidence do not automatically cease once an arrest has been made. Efforts must continue to secure all available evidence to strengthen the case against the perpetrator. The thoroughness and standard of investigation is paramount. Offer the victim access to Victim Support and Advocacy services A Victim Care Card (Appendix B) MUST be completed, explained and left with the victim 6 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation Note:- The Victim Care Card records the basic elements of the crime or offence reported. It also contains the following information:- The name of the investigating officer That the victim can request to have a person of their choice or a legal representative with them while they give a statement Where Police Scotland Standards of Service can be accessed Where the Victim’s Code for Scotland can be obtained Information on referral to victim support agencies Complete relevant administrative updates including submission of iVPD per force policy and crime reports to maintain accurate records of events. Where a child concern has been identified or a child has been present this must be included in the relevant iVPD to have this information shared with partner agencies to help ensure the child receives any support they may need. Children, whether from shared union or from previous relationships must be added to iVPD if they are part of the household where the domestic incident has taken place – whether they were present at the time or not – remember hidden harm. A SID log should be submitted where it has been established that a crime has been committed. To be completed prior to conclusion of shift Ensure supervisors are kept updated throughout the initial response and investigation Ensure the victim is regularly updated throughout the investigative progress Proactively pursue the perpetrator so they can be processed promptly by the Criminal Justice System. Augment existing criminal law by making the victim aware of civil remedies available to them (i.e. NHO/Interdict) Note:- Such civil remedies are covered in the lesson note Domestic Abuse - Police Powers. All reports must be submitted using the Domestic Abuse template. 7 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation The safety of the victim and any children living in the house is a concern not only whilst you are at the locus but also more importantly after you have left and consideration should be given as to any safety measures which could proportionately be put in place. Advice should be given to the victim in respect of the many agencies which could offer further assistance such as Women’s Aid. Find out contact numbers or carry aide memoire cards for such groups and be in a position to provide contact numbers to victims. Key Information KI Maintain contact with the victim and update them regarding the stage your enquiry has reached, whether you are submitting a report to the Procurator Fiscal, attempting to trace a witness or if the accused is being released from custody. Always keep the victim informed. The Victim’s Statement When obtaining a statement from a victim, the following information should be sought and included in the standard prosecution report template to the PF. This will assist the Sheriff in making an informed decision as to whether bail should be granted to the perpetrator (with or without special conditions):- The victim’s vulnerability and dependence upon the perpetrator The victim’s age The victim’s physical, mental and emotional health The victim’s ethnic and cultural background The presence or absence of family support The presence or absence of social work department support 8 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation The victim’s employment status and financial circumstances Information in relation to dependants of the perpetrator and, in particular, the arrangements for residence, contact and financial support pending trial Information in relation to the employment of the perpetrator Details of previous allegations of Domestic Abuse, whether reported to the PF or not The existence of any interdicts or court orders whether civil or criminal and any ongoing proceedings in relation to child custody. Domestic Abuse Questions (DAQ) and the Assessment of Risk When someone is experiencing domestic abuse, it is vital to make an accurate and fast assessment of the danger they are in, so they can get the right help as quickly as possible. The Domestic Abuse Questions (DAQ) comprises of 27 set questions used to identify, assess and manage risk in a standardised framework and is a tried and tested way to understand risk and is based on extensive research of domestic abuse. Note:- 15 of these 27 questions relate to HIGH RISK Areas. All the questions MUST be asked at every domestic abuse incident and answers recorded with the exception of non-attributable, non- criminal incidents. These questions are provided at the front of your police issue notebook or on your mobile device. It is the duty of first response officers to implement the DAQ for all victims, whilst at the incident and when it is safe to do so. It must be explained to the victim why the questions are being asked, that it is about their safety and protection, and an initial assessment to establish the level of risk posed to the victim. Answers must be fully recorded and any YES responses must be expanded on and relevant questions posed to qualify answers. As such, and as investigating officers, we must be confident of the relevance and implications of each question, and be aware of the safety planning measure and resources that can be implemented. 9 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation Following completion of the DAQ and in conjunction with the investigation, an iVPD report must always be submitted. In this report, we must capture the full circumstances of the victim and any children so that identified risk can be managed by specialist departments in conjunction with statutory and voluntary agencies. Completion of the DAQ and subsequent disclosure will ultimately contribute to a safety plan for victims and children. The DAQ must be completed prior to noting a statement from the victim to ensure all relevant matters are considered when noting the statement Note:- The DAQ must be completed prior to noting a statement from the victim to ensure all relevant matters are considered when noting the statement DAQ 27 Question Checklist 1. Has the current incident resulted in injury? It is important to understand the level of injury in order to identify what action needs to be taken. You should consider asking: When the incident occurred What injuries have been sustained How this compares to previous injuries Whether the victim needs immediate medical attention 2. Are you very frightened? 3. What are you afraid of? Listen carefully to the victims’ perception of their safety and what it is the perpetrator may actually do. It is common among victims to minimise the abuse, blaming it on themselves. They may not acknowledge current threat or actions as giving them cause for concern. 10 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation 4. Do you feel isolated from family/friends i.e. does the perpetrator try to stop you from seeing friends/family/doctor or others? Perpetrators will often seek to isolate the victim from their normal support network of friends, family etc. It is important to understand the extent of this isolation and whether there are ‘safe’ ways to contact the victim. Some examples of isolating behaviour include: Lack of financial resources to leave and therefore dependent on the perpetrator; Socially isolated from friends; No support networks; Victim lives in a very rural area and therefore geographically is displaced from friends and family; Fear of reporting due to involvement of police and/or agencies; If the perpetrator uses any mental health condition to undermine their confidence in reporting and being believed, for example, if they threaten that ‘no one will believe you because you are crazy?’ 5. Are you feeling depressed or having suicidal thoughts? When victims say they feel suicidal, assess the seriousness of their intent. For some victims the only way they may see the abuse ending is by ending their own life. Having suicidal thoughts is not uncommon when people are stressed, depressed or experiencing life event traumas. This becomes significant when it moves from ideas to plans (intent) to carry out the act. It is important to be direct with victims and to note that asking a victim if they are making plans, will not precipitate the event. 6. Have you separated or tried to separate from the perpetrator within the past year? (HIGH RISK) Attempts to end a relationship are strongly linked to intimate partner homicide. Research suggests that women are particularly at risk within the first two months of leaving an abusive relationship. You should explore with the victim the different options of leaving, whether this is an emergency or as part of a longer term plan. 11 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation 7. Is there conflict over child contact? (HIGH RISK) Child contact is used by many abusers to legitimise contact with ex-partners. The perpetrator may use the very powerful threat that the victim will have the children taken away from them. It is important to discuss informal contact children may be at risk. 8. Does the perpetrator constantly text, call, contact, follow, stalk or harass you? (HIGH RISK) Remember that domestic stalkers are the most dangerous group of stalkers. Behaviours can include coercive control and jealous surveillance, not just physical violence. You may find it useful to ask if there are certain patterns to the abuse and about the abuser’s behaviour when stalking is a factor. If answered YES then the following additional questions require to be asked and recorded. Additional questions (HIGH RISK) Is the victim very frightened? Is there previous domestic abuse and harassment history? Has the perpetrator vandalised or destroyed property? Has the perpetrator turned up unannounced more than 3 times a week? Is the perpetrator following the victim or loitering near the victim? Has the perpetrator threatened physical or sexual violence? Has the perpetrator been harassing any third party since harassment began? i.e. family, friends, colleagues Has the perpetrator acted violently to anyone else during the stalking incident? Has the perpetrator engaged others to help? (willingly/ unwillingly) Is the perpetrator abusing alcohol/drugs? 12 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation Has the perpetrator been violent in the past? (physical or psychological. Intelligence or reported) 9. Are you pregnant or have you had a baby in the past 18 months? (HIGH RISK) Pregnancy can be a time when abuse begins or intensifies. It should be noted whether the victim is pregnant or has just given birth. It is useful to establish if the child is that of the perpetrator and do they target any attacks or abuse towards the victim’s stomach area. Research suggests that children under 18 months are the most vulnerable in these situations, so officers should also note if the victim has a very young child. Young children, including new born babies, are extremely vulnerable in situations of domestic abuse and consideration must be given to both the risks they face and the risks to the mother. 10. Are there any children, step-children that are not the perpetrators in the household, or are there other dependants in the household? i.e. older relative It is important to know who else might be living in the household and whether they have been a victim of abuse. There is significant association between risk and the number of children in a household, the greater the number the higher the risk. The presence of step-children in particular increases the risk to both the child and the victim. Remember to include all children in the household(s) in the iVPD. 11. Has the perpetrator ever hurt the child(ren)? 12. Has the perpetrator ever threatened to hurt or kill the children? (HIGH RISK) It is important to note whether the child(ren) have witnessed or heard the abuse. There is compelling evidence that both domestic violence and child abuse can occur in the same family. Child abuse can therefore act as an indicator of domestic violence in the family and vice versa. Remember hidden harm. 13 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation 13. Is the abuse happening more often? (HIGH RISK) Previous domestic violence is the most effective indicator that further domestic violence will occur. Research shows that 35% of households have a second incident within five weeks of the first. 14. Is the abuse getting worse? (HIGH RISK) Research indicates that general violence tends to escalate as it is repeated. Questions in relation to when the last incident occurred, was it worse than the last or are they happening more often can assist the victim in answering this. 15. Does the perpetrator try to control everything you do and/ or are they excessively jealous? (HIGH RISK) (In terms of relationships, who you see, being ‘policed at home’, telling you what to wear for example. Consider coercive and controlling behaviour) Recent research has highlighted the importance of coercive control and jealous surveillance as important indicators of risk. Some of this information may overlap with the questions about isolation in Q4. The following prompts may be useful; If yes, what behaviour does the perpetrator exhibit? Examples of this behaviour may include: Being made to account for time and whereabouts; Isolation from friends and family; Interception of mail/telephone calls; Accusations of infidelity; Financial control; Preventing victim from taking medication; Dominance; Being prevented from leaving the house; Making threats that children will be removed if victim reports; Extreme jealousy i.e. ‘if I can’t have you, no one else can’; Use of the victim’s religion to control. 14 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation 16. Has the perpetrator ever used weapons to hurt you? (HIGH RISK) The use of weapons is important to note for the purposes of risk assessment. Domestic abuse perpetrators who have used, or threatened to use, a weapon on partners or others, are more likely to be violent again. 17. Has the perpetrator ever threatened to kill you or someone else and do you believe them? A credible threat of death can very effectively control victims and families. Evidence suggests that such threats to estranged partners by perpetrators should be taken seriously. Threats do precede physical attacks and have been included in risk assessment tools as good predictors of future violence. It is important not to undermine any threat a victim discloses. 18. Has the perpetrator ever attempted to strangle/choke/ suffocate/drown you? (HIGH RISK) Strangulation or ‘choking’ is a common method of killing in domestic homicides by male perpetrators on female victims. It is important that escalating violence, including the use of weapons and any attempts of the above are recorded. Note:- Any attempt at closing down the victim’s airway should be considered HIGH RISK 19. Does the perpetrator do or say things of a sexual nature that make you feel bad or that physically hurt you or someone else or that you didn’t want to do or happen to you? (HIGH RISK) The analysis of domestic sexual assaults reported to the Police demonstrates that those who are sexually assaulted are subjected to more serious injury. Further, those who report a domestic sexual assault tend to have a history of domestic abuse whether or not it has been reported previously. 20. Is there any other person who has threatened you or who you are afraid of? (HIGH RISK) The victim may also have been threatened by someone else and/or live in fear. 15 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation If yes, ask the following additional questions as this may be an extended feature of family violence and may occur for example in the Traveller Community or in cases of Honour Based Abuse (HBA) Additional questions: Is the victim truanting? Is there evidence of self harm? Is the victim being kept at home or are their behaviours/activities being policed by family? Is the victim worried that they will be forced to marry against their will? Is the victim fearful of being taken abroad? Is the victim believed to be in a relationship that is not approved of? Is the victim attempting to leave a relationship? Are there threats that children will be taken away? Are there threats to hurt or kill the victim? 21. Do you know if the perpetrator has hurt anyone else? (Children/siblings/elderly relative/stranger, for example. Consider HBA. Please specify who and what) Domestic abuse perpetrators can show a pattern of repeated aggression toward other persons persisting over the life course, with a series of victims including siblings, schoolmates, strangers, partners and/or work colleagues. Links have been proven between those who rape in the home (domestic) and outside the home (stranger). 22. Has the perpetrator ever mistreated an animal or the family pet? (HIGH RISK) Experts increasingly recognise a correlation between cruelty to animals and domestic abuse. For families suffering domestic abuse the use or threat of abuse against companion animals is often used for leverage by the abusive member of the family to keep others in line or silent. 23. Are there any financial issues? 16 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation For example, are you dependent on the perpetrator for money/have they recently lost their job/other financial issue. Exploring this question will give an indication of the level of isolation and control the perpetrator has over the victim. Officers should consider these additional questions to give clarity over the financial control and issues: Establish whether there are any issues regarding the victims’ access to public funds. Does the victim’s immigration status increase his/her level of isolation through having no recourse to public funds? Victims may be entirely reliant on their spouse for financial support. Victims who are on a low income, or on no income at all, may not be allowed by the perpetrator to claim benefits in their own right. Checks should be made to establish whether they jointly claim benefits. Does the perpetrator restrict, withhold, and/or deny access to joint/family finances? Has the victim been forced into taking on loans/re-mortgages and be responsible for the repayments and any defaults? Confirmation of whose names these debts are in. 24. Has the perpetrator had problems in the past year with drugs (prescription or other), alcohol or mental health leading to problems in normal life? (HIGH RISK) If yes, please specify which and give relevant details, if known. This will include serious problems in the past year with illicit drugs, alcohol or prescription drugs that lead to impairment in social functioning. It also includes perpetrator depression. Research shows that when perpetrators have aggravating problems (alcohol, drug, and/or mental health issues), they are also more likely to injure the victim, to use weapons, and to escalate the frequency or severity of the domestic abuse. Those who use drugs are more likely to inflict injuries and emotionally abuse their partners. 25. Has the perpetrator ever threatened or attempted suicide? (HIGH RISK) Depression and suicidal symptoms may often be a pre- curser to this and the most common factors in such cases is that the perpetrator needs to control the relationship. 17 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation Declarations such as ‘if I can’t have her, then no-one can’ are recurring factors of domestic homicide. This is a manipulative move and one that needs to be taken seriously. The perpetrator should be assessed not just for suicide but possibly homicide-suicide. 26. Has the perpetrator ever breached bail/an injunction and/ or agreement for when they can see you and/or the children? If yes, please specify i.e. breach of civil or criminal court order or bail conditions by the suspect. Previous violations of criminal or civil orders may be associated with an increased risk of future violence. Similarly, previous violations of contact or non-contact orders may be associated with an increased risk of future violence. Officers should consider breaches of court mandated contact arrangements, agreements with Social Work Department about contact with children, breaches of civil or criminal court orders. 27. Do you know if the perpetrator has ever been in trouble with the police or has a criminal history? (If yes, please specify) It is important to note that perpetrators with a history of violence are at increased risk of harming their partner, even if the past violence was not directed towards intimate partners or family members. Levels of Risk Once DAQ has been completed, you will have a score of between 0-27. The levels of risk are decided as follows: 14 or Above 27 If the score is 14 or above then this is automatically graded as HIGH RISK, meaning there are identifiable indicators of risk of SERIOUS HARM. The potential event could happen at any time and the impact would be serious. 18 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation Below 14 (Medium) 14 Medium risk is a score below 14, however you believe the perpetrator is likely to cause SERIOUS HARM if there are a change in circumstances i.e. failure to take medication, relationship breakdown, substance misuse. Note - The DAQ score may show a number below 14. However, if you have serious concerns about the situation of the victim, then your professional judgement after reviewing the facts can raise the risk level to HIGH because of your experience, instinct and other contributing factors at the time of the incident. 7 Standard The DAQ score is below 14 and there are no significant current 0 indicators of risk of serious harm. 19 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation Activity 1 A1 Susan and Steve met online and moved in together 3 months later. At the beginning of the relationship Steve was really attentive and was keen to meet all her friends and family. Steve offered to drive Susan to and from work and insisted that they share passwords for their mobile telephones and online social media, as he wanted them to share everything with each other. Susan fell pregnant 6 months later and Susan immediately noticed a change in Steve’s behaviour whilst she pregnant. Steve became more argumentative and jealous, stating that she was ‘ignoring him’ and not giving him enough attention. He also started questioning her about any texts messages/phone calls she received. After their son Cameron was born, they moved to a new area in Glasgow where Susan had no family support and this is when the physical abuse began. Steve punched, kicked and slapped Susan on two separate occasions just after they moved address but did not leave any marks or bruises. This was not reported to the Police but Susan confided in her sister what happened. On one occasion Susan had been out drinking with friends and when she returned home, Steve put her in a bath of cold water and held her by the throat, under the water to ‘sober her up’. Susan struggled to breath and was frightened she would pass out. On one occasion that Susan went to visit her family in Aberdeen, Steve repeatedly made her ‘Facetime’ throughout the evening to prove she was actually in her parents address. When Cameron started primary school, Susan was only allowed to leave their home during the day to walk Cameron to and from school. Steve would time how long this would take and would call the landline in their home at 0930 hrs to ensure she was home again. Steve would also call the landline at 1420hrs and 1530hrs for the same reason. 20 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation Activity 1 continued A1 Steve also installed CCTV in the family home which he could access via his mobile telephone to monitor what Susan was doing during the day. Steve’s verbal abuse of Susan increased and he would regularly punch her to the body, so as not to leave marks. During one incident Susan threatened to leave and take Cameron with her. Steve threatened her with a kitchen knife and also threatened to stab himself. Susan stayed as she was scared Steve would self-harm. Steve would regularly accuse Susan of having affairs and call her names such as ‘slag’ ‘bitch’ and ‘slut’. Steve often demanded sex from Susan to prove that she was not having affairs and she felt pressured into having sexual intercourse, as she was afraid he would become violent. Steve also encouraged Cameron to call his mother derogatory names whenever Cameron was present during any incidents in the family home. This happened on a regular basis. All behaviours have occurred after 1st April 2019. What crimes are identifiable? What are your evidential considerations? 21 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation RARA: Risk Management Following the mnemonic RARA can help decide the next steps. Remove the Risk: This can be achieved by arresting the suspect, applying for and securing a remand in custody or firmly enforcing breaches of bail conditions and court orders’ Avoid the Risk: Rehouse the victim in a place unknown to suspect. Reduce the Risk: Joint intervention with partner agencies to provide the victim with suitable advice, victim safety planning, target hardening and use of protective legislation or mobile safety devices. Request bail conditions for the suspect and carry out bail checks. Accept the Risk: In Standard or medium risk cases after all attempts to apply safety measures have been exhausted. The risk and safety plan will be reviewed if an escalation of risk is identified’ It is crucial that at all times, you think about the context of what is happening. It is imperative that the steps which have been taken are recorded to ensure the immediate safety of the victim(s) and any children ASK YOURSELF - AM I SATISFIED THAT I HAVE DONE ALL I CAN? 22 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation Feedback 1 F1 Crimes that would be relevant to the case study would be: Assault Section 38 Criminal Justice Licencing (Scotland) Act 2010 Section 1 Domestic Abuse (Scotland) Act 2018 Section 1 Sexual Offences (Scotland) Act 2009 When considering the evidence, there will be many relevant elements including Steve's coercive behaviours in relation to his physical abuse, sexual crimes, restricting Susan's movements and contact with friends and family. This extends to having the CCTV installed to further check her movements. Injuries should be identified along with the sexual abuse he has been inflicting. Cameron could be joint interviewed to extrapolate further evidence with consideration of Section 5 aggravations under the Domestic Abuse (Scotland) Act 2018. Cameron's school could also be contacted for further information supporting this. Attaining the billing paperwork for Susan could also support her statement that she is being constantly called by Steve. The evidence listed is not exhaustive and more could be gained via interviews/house to house/family etc. 23 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation Activity 2 A2 In your pairs and using the case study, allocate roles, where one student will play the part of Susan and the other playing the part of investigating/ attending officer: Carry out a risk assessment of Susan by asking the 27 Domestic Abuse Questions (DAQ). Record the answers in your notebook. When you have a score, identify the risk. Feedback 2 F2 There is no feedback for this activity. Your instructor will discuss your findings, scoring and risk assessment. 24 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation MARAC - Multi-Agency Risk Assessment Conference All high risk cases will be considered for referral to a MARAC. The Multi-Agency Risk Assessment Conference (MARAC) is victim focussed and provides a partnership forum for sharing information and taking actions that will reduce future harm to very high risk victims of domestic abuse and their children. The purpose of the MARAC is to:- Share information across agencies Identify the level of risk presented by the perpetrator Produce multi-agency action plans to reduce the risk to victims and their children Partners represented at MARAC include Police Scotland, Criminal Justice Social Work, Children and Families Social Work, Health, Housing and Independent Domestic Abuse Advocates and other specialists from the statutory and voluntary sectors. Key Information KI It is important that officers are aware of the Domestic Abuse toolkit and where to find it. The Domestic Abuse toolkit can be found on the Police Scotland Intranet. Enter "Domestic Abuse toolkit" in the search box on the front page and it will take you directly to the latest version. The Domestic Abuse toolkit is a living document and will continue to develop in relation to emerging issues identified. It contains full guidance on dealing with Domestic Abuse incidents and what is required of the reporting officers. This mirrors the Standard Operating Procedures in relation to dealing with Domestic Incidents. 25 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation Disclosure Scheme for Domestic Abuse Scotland The aim of the Disclosure Scheme is to provide a way of sharing information about a partner's abusive past with a potential victim or someone who can help keep them safe. It gives people at risk of Domestic Abuse the information they need to make an informed decision about whether to continue the relationship. There are two main pathways for disclosure; 'Right to Ask' and 'Power to Tell'. Right to Ask - Public This allows anyone who has concerns about a new partner's abusive past to ask the police to conduct enquiries into this, with the aim of keeping them safe from harm. It also allows a third party (e.g. parent/grandparent/neighbour) to inform the police of their concerns about another person's new partner. Normally the third party would not receive the information about the partner. Power to Tell - Professional This pathway is triggered when Police Scotland receive information or intelligence about a person thought to be at risk of suffering domestic abuse. The report may come to police as a consequence of completing daily duties such as attending an incident, investigation into a criminal act or via routine information sharing with partners or the public. 26 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation Step 1 - Applications into the Scheme It is vital that people are encouraged to make an application if they have concerns and in order to facilitate this there are a variety of reporting mechanisms in place:- Online (www.scotland.police.co.uk) At a Police Station By phoning 101 By asking a Police Officer on the street As part of an ongoing enquiry As a police officer, if you are dealing with a live enquiry, there is no need to tell the individuals involved of your intention to submit an application on their behalf. This may actually put the person at greater risk. If you take an application on the street it is essential that you note the details fully and submit the online application as soon as possible, but in any case before the end of your shift. A copy of the application form can be found in Appendix A. Step 2 - Initial Checks & Initial Contact Once an application has been received by the Division they will run initial checks and a risk assessment will be conducted. If it is suspected the person is at immediate risk then action will be taken. Step 3 - Face to Face Meeting/Background Checks Depending on the outcome of step 2, the applicant may be invited to a face to face meeting where a Domestic Abuse Questions (DAQ) Risk Assessment may be completed if appropriate. This is a continuation of the application process and will seek to clarify and gather further information about the persons concerns. Further enquiries will be done at this stage with partner agencies i.e. Social Work. Once this stage is complete the information will be collated and passed on for further evaluation. 27 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation Step 4 - Decision Making Forum Only if a concern to the application has been identified during stage 3, will the application progress to a Decision Making Forum (DMF). The Police and other agencies will attend this meeting and review the information gathered to make a decision about potential disclosure. They will decide if a disclosure is lawful, necessary and proportionate to protect the potential victim from his/her partner. Step 5 - Disclosure If there is a record of offences aggravated by Domestic Abuse or other information which indicates the person may be at risk of harm, then a disclosure would be made to that individual or someone who can protect them from the abuse. It may be that information is held about the partner but not sufficient to suggest that they pose any risk to the other person. In this case the applicant would be advised of that. If there is no information held about the partner by Police or other agencies this will be explained to the applicant. If there are concerns about this person’s behaviour then advice and support should be given to make sure the potential victim is safe from future harm. Further Disclosure When a disclosure is made it will be fully explained to that person that the details they have been given are confidential and they must only use that information to make decisions about staying safe. They will be asked to sign a document stating that they understand that any further disclosure constitutes a breach of the Data Protection Act 2018. 28 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation Appendix A 29 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation Appendix B 30 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation For further information, use the resources shown below:- Disclosure Scheme for Domestic Abuse Scotland SOP Domestic Abuse Co-Ordination Unit Websites:- http://www.hiddenhurt.co.uk http://www.lgbtdomesticabuse.org.uk http://womensaid.scot Review: You can state what crimes are most commonly associated with Domestic Abuse You can describe the responsibilities you have when investigating a domestic abuse incident You can explain the Domestic Abuse Questions (DAQ) and risk assessment process You can outline the Disclosure Scheme for Domestic Abuse Scotland (DSDAS) 31 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.2 Domestic Abuse - Initial Investigation Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 32 Protection and Wellbeing in Our Communities OFFICIAL