Public Protection and Safety Domestic Abuse PDF

Public Protection and Safety PPS06 Domestic Abuse Bring a copy of the DASH 2011 and an electronic device for research to the lesson. Introduction The Police Service respond to an incident of domestic abuse every 17 minutes, and one in six crimes reported to the police is domestic i...

Public Protection and Safety PPS06 Domestic Abuse Bring a copy of the DASH 2011 and an electronic device for research to the lesson. Introduction The Police Service respond to an incident of domestic abuse every 17 minutes, and one in six crimes reported to the police is domestic in nature. As the Police Service, it is our job to keep people safe. Our role is about prevention, protection and prosecution – to prevent further violence, to protect the victim, children and other vulnerable people and to facilitate the prosecution of offenders. Domestic abuse is a crime and until victims are aware there is a safe environment to share their concerns, they will continue to hold on to the secret of domestic abuse. The PSNI and PPS have a service level agreement for the investigation, management and prosecution of domestic violence and abuse cases, available on Classis, this is non examinable. Domestic Abuse Definition The PSNI has adopted the definition of domestic abuse as: ‘threatening, controlling, coercive behaviour, violence or abuse (psychological, virtual, physical, verbal, sexual, financial or emotional) inflicted on anyone (irrespective of age, ethnicity, religion, gender, gender identity, sexual orientation or any form of disability) by a current or former intimate partner or family member’. Domestic abuse can manifest itself through the actions of immediate and extended family members, for instance, forced marriage, so called ‘honour crimes’, or traditional OFFICIAL [PUBLIC] Page 138 practices, such as female genital mutilation. Domestic abuse can be linked to other offences. ‘Family members’ include mother, father, son, daughter, brother, sister, grandparents, whether directly or indirectly related, in-laws or stepfamily. Intimate Partners: Intimate partner’s means there must have been a relationship with a degree of continuity and stability. The relationship must also have had (or reasonably supposed to have had) a sexual aspect, such as in the relationship between husband and wife or between others generally recognized as a couple including same sex couples. Repeat Victim: A repeat victim of domestic abuse is a person about whom any incident of domestic abuse has been reported to police previously. Officers should be mindful that victims of domestic abuse may suffer numerous times before calling the police or contacting any other agency, and thus calls to incidents, regardless of whether or not a crime has been committed, should be taken as opportunities to signpost victims to support agencies. Early encounters with police are highly likely to inform the perception of victim’s future expectations of the support they are likely to receive should the situation escalate. Therefore police officers must understand that victims who report domestic abuse, but fail to make or pursue a formal complaint do so for very valid reasons, including a fear of further attack, embarrassment, loss of partner, children, home, financial stability or employment. It is therefore vital that officers who attend incidents respond positively to victims, show empathy and understanding, with compassion. Some considerations when dealing with victims: They may be afraid to tell anyone about the abuse or worried that it was their fault, have low self-confidence and self-esteem. They may be worried about the effect on their children or have reservations about taking the father of their children to court. Or concerned about coping on their own if they leave and not being able to afford to engage a solicitor. OFFICIAL [PUBLIC] Page 139 They may be scared that the violence will get worse if they leave or report and the police intervene. They may be scared for their and the children’s safety, either if they stay or leave. They may be concerned about friends and family who may put pressure on the victim not to co-operate with police, to avoid shaming the family and stigmatising the accused. They may be worried about what others will think if the abuse is made public or afraid that they will not be believed if they speak about the abuse and the report will not be taken seriously, frightened and daunted by the process of pursuing a legal remedy. Issues for Ethnic minorities or Migrants: There may be barriers when trying to access services, therefore access to professional interpreters should be provided. Minority ethnic victims might feel that they have too much to lose by leaving an abusive partner. For example, religious or cultural beliefs might forbid divorce. Some victims may come from patriarchal, traditional cultures where the woman is seen as being under the control, first of her own family, and then of her husband and his extended family. There can be a fear of being stigmatised or ostracised from their community if they leave and/or seek refuge. Culture should never be accepted as an excuse for abuse. They might be wary of involving the police or other services, because of actual or perceived racism. Migrant women might fear losing the right to stay in this country if they separate from an abusive partner. Their partner might use this threat as part of the abuse. They might also fear that their partner’s immigration status might be threatened. Some victims fear threats to take children away or out of the country and do not have access to public funds because of their immigration status. They will be unable to support themselves and their children if they leave their husbands. Issues for Older persons: Some older victims might be embarrassed that they have put up with the abuse for so long, and they might ‘talk down’ the extent of their experiences. OFFICIAL [PUBLIC] Page 140 Older victims might experience abuse from a partner who is also their carer, like victims with disabilities who might be afraid of losing their home, support, independence – especially if institutional care is the only option. Older people with memory problems may be assumed to be lacking mental capacity when this is not the case. Older victims may find it particularly difficult to stigmatise family carers as abusers. If they are grandparents they may choose to put up with the abuse rather than lose contact with their grandchildren. Issues for Heterosexual Males: Male victims may fear that they will not be believed or taken seriously because of assumptions on how to behave. Stereotypes and perceptions add to the sense of humiliation and isolation of a male victim when reporting that he is a victim of his female partner. Issues for Disabled Persons: Victims with disabilities might feel dependent upon the person abusing them and their home, which might have been adapted to meet their care needs. This makes leaving an abuser a very difficult option. They might be afraid of being left alone at home or being put in institutional accommodation. It is important to acknowledge that there are few alternative sources of support. Issues for Lesbians, Gay, Bisexual and those from the Trans community: Many members of LGBTQI communities are quite often not open about their sexuality, and may not have disclosed this to family, associates and friends. Confidentiality is therefore an important concern for victims to ensure that they are not ‘outed’ by divulging their sexuality to others. This then results in an under reporting of domestic abuse incidents and crimes. Ensure an LGBT DASH is completed at all incidents with a domestic motivation involving a member of the LGBTQI community. Issues for young persons: In some cases, young victims will have several professionals supporting them at the OFFICIAL [PUBLIC] Page 141 same time. The various agencies involved should work together to ensure that the multi- agency approach isn’t disempowering the victim. The best interests of the child and the child’s welfare must be paramount. Every effort should be made to avoid causing the child unnecessary distress or adding to any damage already suffered. Remember under the new Domestic Abuse legislation we can also prosecute young people who cause domestic abuse. Issues for members of the Travelling community: Members of the Traveller community may worry about attitudes and reactions outside of their communities. They might also worry about how an alleged perpetrator will be treated by the police and courts, if charged, or they might be concerned about how their community will respond to them if they contact the police. Traveller women sometimes find it hard to stay in refuges – perhaps due to prejudice from other residents. Within the travelling community, marriage is seen as being for life. If a woman leaves her husband, she often has to leave the whole community, having lost the status of a married woman. Leaving the community means losing contact with her culture and way of life. Issues for those who Misuse Drugs and Alcohol: Victims who misuse drugs or alcohol might fear that they will not be taken seriously or that they will be treated in terms of their drug or alcohol use. They might think that agencies won’t take victims who misuse drugs or alcohol or they might think agencies don’t have services that meet their needs. Their abuser might also be their supplier, or they might be scared of losing their supply and having to face withdrawal. The abuser might be controlling them through their drug or alcohol misuse. The abuser might have threatened to tell other people about their misuse. They might be afraid that they will lose their children if their drug or alcohol misuse is revealed. Victims sometimes misuse drugs and alcohol to cope with domestic abuse. Issues for Sex Workers and those who are trafficked: Sex workers might not want to approach agencies for help because of perceived or OFFICIAL [PUBLIC] Page 142 actual disrespect from authorities. The financial pressures they face might stop them leaving an abuser, who might have immense power over a number of victims. They might fear facing the attitude that those who work in the sex industry should expect assaults and rape. Sex workers often have difficulty in finding employment, due to a lack of references, qualifications and training. Victims who have been trafficked might have additional fears about their status as an illegal immigrant. They might also have language difficulties and not know where to turn for help. Trafficked victims might feel a sense of helplessness or shame at their situation. Being forced into sex work might transgress their own cultural values and make it difficult for them to reveal their situation. Sex workers who have also experienced domestic abuse may have multiple needs. The investigation of human trafficking is the second highest priority of UK Police forces. Evidence of human trafficking has been uncovered in Northern Ireland. Victims of sexual exploitation, forced labour and domestic servitude have been rescued in Northern Ireland and there is evidence the problem is increasing. Northern Ireland is not only a destination country for the victims of trafficking but is also being used as a transit country for the movement of victims in Ireland and the rest of the UK. Issues for Victims with Learning Disabilities: Victims with learning disabilities might find it difficult to understand information you give them about domestic abuse. You might have to produce a simplified and or recorded version of materials or explain the contents clearly face to face. Victims with learning disabilities might find it difficult to describe their experiences or might express their feelings differently to other victims. An alleged perpetrator might exploit a victim’s learning disability to make them feel responsible for the abuse or to normalise it. Victims with learning disabilities might fear that they won’t be believed if they disclose their abuse. Or they might fear not being able to cope with or understand the consequences of disclosure. It is important for every officer to approach each case professionally, without assumptions and prejudice and with sensitivity to and awareness of particular needs that affect some victims. OFFICIAL [PUBLIC] Page 143 Culture and lifestyle are important influencing factors in how a victim relates to their abuse. There is a need to explain to all victims that domestic abuse is a crime and unacceptable and that intervention services can assist victims. As police we need to work collaboratively with our partner agencies to safeguard vulnerable people in order to reduce and eliminate the risk of harm to them. Domestic Abuse and Children: Domestic abuse can include violence inflicted on, or witnessed by children. The adverse effects of living with domestic abuse for children must be recognised as a child protection issue. They link to poor educational achievement, social exclusion and to juvenile crime. Children can marry at age 16, with parents’ permission, and so domestic abuse may occur within a relationship. Officers attending a domestic incident should identify whether a child was present when the incident occurred, or whether a child is ordinarily resident at the address where it occurred and investigate in so far as to determine whether there are any child protection concerns. Children in the following domestic incidents need to be referred to social services:  If any children were present when the incident was taking place.  If there are children living at the address where a domestic incident took place.  If either of the adults involved in the domestic incident have children (even if they are in the care of other people or social services).  If either of the adults involved are living in a household with other children (e.g. a domestic between ex partners one of whom lives with a new partner who has children). When referring incidents to child social service departments it is important that social services get accurate and timely information about incidents. Police officers should advise victims that it is police policy to share information with the social services with OFFICIAL [PUBLIC] Page 144 regards to children and pregnant victims. Ensure that the correct information is shared with social services via the PPN process. In the event of an emergency or complex child safeguarding cases, contact regional emergency social work Services. Officers must ensure that relevant checks are completed in respect of children and full details are passed to CMSU. Non-Fatal Strangulation Any victim who is reporting any act that has partially or completely blocked their airways, hindered their ability to breathe or has caused loss of memory must be advised by the attending officers that they should seek medical attention as soon as possible. Where a victim reports passing out, losing consciousness, waking up in a different location and/or has a loss of memory around the circumstances of what happened to them, NIAS should be tasked and as much detail as possible passed to them to allow them to assess the victim appropriately. Research tells us that a victim of strangulation is 7 times more likely to become a victim of homicide at the hands of the same partner. There will be a prior history of abuse. Always conduct a DASH risk assessment with victims and fully document the history – a victim who has been strangled should always be treated as being at High Risk of future harm. Please also be mindful that a victim who is strangled will do anything to defend themselves and to get blood/oxygen flowing again. This may be evident in injuries to their own neck i.e. scratches, but also in injuries to a perpetrator. Please consider this when in attendance at strangulation calls, especially if the only visible injuries at the time of attendance are those on a suspect. Honour-based’ abuse: This is typically committed to protect or defend the perceived honour of the family or when individuals try to break from ‘norms’ of behaviour that their community is trying to impose. It is most commonly experienced by victims from close-knit or closed OFFICIAL [PUBLIC] Page 145 communities with a strong culture of ‘honour’ such as some immigrant, travelling and closed religious communities as well as other isolated social groups. It is also important to consider the impact of paramilitary involvement. Forced Marriage: This is where one or both people do not (or in cases of people with learning disabilities or reduced capacity, cannot) consent to the marriage as they are pressurised, or abuse is used, to force them to do so. Female Genital Mutilation: This is a form of violence against women and girls. As this is generally inflicted upon children, it is considered to be a type of child abuse. Possession of Firearms and Ammunition There have been incidents where the use of a legally held firearm in a domestic incident has resulted in fatal or serious injuries. Although each case must be judged on its merits, the key to achieving these aims is a rigorous enforcement of the firearms legislation with action to seize firearms and revoke certificates, as appropriate, as a matter of public safety. This applies irrespective of any offences that may have been committed. Attending Officers should, at an early stage in the investigation of a domestic incident, and preferably prior to attendance at any incident, ascertain if the perpetrator in any incident has access to firearms. The Control Works system is linked to the firearms (Shogun) database and will notify control room operators that licensed firearms are registered at any given address. Where enquiries into a domestic incident indicate that the perpetrator has access to firearms, serious consideration must be given by the attending officer as to whether the continued possession of a firearm by the holder is likely to endanger a member of the public. The firearm need not have been used during the incident, but mere access may OFFICIAL [PUBLIC] Page 146 present a danger or raise concerns regarding the perpetrator’s suitability to retain firearms. Prior to any seizure or removal of a firearm and or ammunition attending officers should consult with their immediate supervisory rank. FEB should be advised of any seizure under these circumstances. The duty Inspector should be immediately informed of any domestic incident involving a police officer or a member of the armed services. Where a domestic abuse-related criminal offence is alleged to have been committed by a police officer or member of police staff, a police officer at least one rank higher than that of the alleged perpetrator, should be appointed as investigating officer (IO). A police officer of at least Sergeant Rank will take personal charge of the investigation in all other circumstances where a police officer, a member of police staff or a member of the armed forces is a party to the incident. PPN and DASH - Domestic Abuse, Stalking and Harassment and Honour Based Violence The PPN and DASH risk assessment provides a mechanism by which police can identify risks associated with a victim of domestic abuse. There are currently four DASH forms used by PSNI:  DASH: completed at all incidents with a domestic motivation, this includes nine additional questions in relation to stalking and harassment, if applicable.  LGBT DASH: completed in addition to DASH at all incidents with domestic motivation.  Stalking and Harassment DASH: completed at all incidents where there are two or more incidents of stalking or harassment.  HBV DASH: completed if the victim answers yes to question 20 or 21 on the DASH OFFICIAL [PUBLIC] Page 147   As police attending domestic abuse calls we need to assess risk and take positive action to safeguard children and vulnerable adults. You must make a social services referral with regards to children (whether they were present or not and whether or not they live at the incident property) The DASH contain 27 questions. Each question is based on research into domestic homicides and near misses. This form should be completed at ALL incidents of domestic abuse, whether a crime is believed to have been committed or not, and at all incidents reported as a breach of Non Molestation orders/Occupation orders/VOPOs, restraining orders. Complete the DASH form for all domestic abuse incidents, identifying risk factors, who is at risk and deciding what level of intervention is required. Consideration must be given to the nature of the information and what it means in terms of the investigation (lines of inquiry), as well as public protection (preservation of life, reduction and prevention of harm to victim and others). It is imperative that this information is captured from the victim at the earliest opportunity, to ensure that risks can be managed and appropriate referrals made to support the victim. Should there be any delay in completing the DASH; officers should speak personally to the victim to obtain this information. The DASH should not be completed, with the victim, over the phone. Establishing the Level of Risk on a Dash Form 1. Standard: Current evidence does not indicate likelihood of causing serious harm. 2. Medium: There are identifiable indicators of risk of serious harm. The offender has the potential to cause serious harm, but is unlikely to do so unless there is a change in circumstances, for example failure to take medication, loss of accommodation, relationship breakdown, and drug or alcohol misuse. OFFICIAL [PUBLIC] Page 148  3. High: There are identifiable indicators of risk of serious harm. The potential event could happen at any time and the impact would be serious. The following are indicators of High Risk and should be borne in mind when completing DASH: 1. Extreme fear* 2. Coercive Control* 3. Separation* 4. Stalking* 5. Escalation* 6. Threats to Kill* 7. Sexual Assault 8. Strangulation* 9. Pregnancy 10. Child abuse 11. Weapons 12. Community issues and isolation 13. Suicidal ideation 14. Animal abuse 15. Abuse of alcohol/drugs/mental health *If these factors co-occur you should recognise this is a High Risk situation and consider assessment of High Risk on DASH Consent for referrals to Women’s Aid, Men’s Advisory Project, etc. should be sought. Referrals should be offered on every occasion. The victim should be made aware of support groups available to them; locally and nationally e.g. Women’s Aid, Men’s Advisory Project, Victim Support, Nexus, Rainbow Project. Officers should develop their knowledge in the support services available. For guidance on the different levels go to service instruction SI1217 OFFICIAL [PUBLIC] Page 149 MARAC-Multi Agency Risk Assessment Conference If a victim is high risk from the completion of the DASH form they will be referred into the Multi Agency Risk Assessment Conference (MARAC). The Multi-Agency Risk Assessment Conference or MARAC provides a forum for sharing information and developing action plans that will reduce future harm to high-risk domestic abuse victims and their children. These meeting are attended by domestic abuse officers. Northern Ireland MARAC is a tripartite initiative between PSNI, DHSS and Department of Justice. The main aims of the MARAC are: To reduce the risk of serious harm or homicide for a domestic abuse victim. To increase the safety, health and wellbeing of other victims, both adults and any children by sharing information to create a risk management plan providing professional support. To increase the safety of agency staff working with high risk cases. Partner agencies at MARAC include: PSNI, DHSS, Education Authority, NIHE, PBNI, Women’s Aid, Victim Support NI and Men’s Advisory Project. Non- Molestation Order (NMO) A NMO is a court order which forbids the respondent from molesting the applicant or a relevant child and forbids them instructing, encouraging or in any way suggesting that any other person should do so. Molestation can include, for example, violence, threats, pestering and other forms of harassment. These orders may be granted to a wide variety of people, regardless of marital status, ownership of property and whether or not the parties still reside together. They may OFFICIAL [PUBLIC] Page 150 apply to current and former spouses, current and former co-habitués and current or former same sex partners and also to siblings, parents, adults and children. Victims should seek legal advice prior to making their application from a solicitor. The victim’s solicitor applies to the court for the Non Molestation Order. If the victim is fearful that this notification may engender further abuse or violence, then it is possible to apply for a non-molestation order ‘ex-parte’, which means their abuser is unaware of the proceedings. But the application does not become effective until it is served on the abuser. If a Non-Molestation Order is made ‘ex-parte’, then there will often need to be a second hearing later on with both parties present to allow the other party a chance to respond and challenge the order. If the respondent breaches the NMO, police have a power of arrest for Breach of a Non Molestation order. The respondent is taken to the first available court. There is also a power of entry under Article 19, 1c (iv) Article 25 of the Family Home and Domestic Violence (NI) Order 1998. Occupation Order Occupation Orders may be granted to a wide variety of people, regardless of marital status, ownership of property and whether or not they are still resident there. Furthermore, they may apply to current and former spouses, current and former cohabitee’s current or former same sex partners in which they, at any time cohabited, or intended to cohabit, and in some cases, those who merely share a house. The Order will say who can live in the family home or enter the surrounding area. Police will only have a power of arrest for contravention of an Occupation Order where it is issued in conjunction with a Non Molestation Order. There is no inherent power of arrest for an Occupation Order in itself. The victim’s solicitor applies to the court for the Non Molestation Order and Occupation Order. Take note there are other powers to OFFICIAL [PUBLIC] Page 151 consider such as breach of Harassment Order but the most common arrest is for breach of NMO. Violent Offences Prevention Order (VOPO) A court can give an offender a Violent Offences Prevention Order (VOPO) to protect the public if there's a risk the offender could cause serious violent harm. The order places restrictions on the offender's behaviour. A court can give a VOPO to adult and young offenders. Attending a Domestic Abuse Call On no account be satisfied that all is well solely on the word of the alleged perpetrator. Police should speak to all parties involved in the domestic incident and where children are present in the premises, officers should physically check on their welfare. NB: Where a child reports a domestic abuse/incident between parents/partners officers should ensure that they speak directly to the child reporting this, with the consent of their parent or guardian and not just accept the responses of the parent’s partners. Separate parties, including any children. Officers should ensure that they speak to the victim in a place where the alleged perpetrator cannot overhear, as the victim may not be able to talk freely, if at all. Identify the victim and alleged perpetrator based on the evidence available, not on preconceived stereotypes, for instance gender. Seek any medical assistance if required i.e. ambulance. Where a forensic medical examination is necessary, the officer should explain the reason to the victim. Guidance suggests the victim should be asked if they have any preference of the sex of the doctor. This choice should be offered where a doctor of their gender is available. In all cases involving injury endeavour to obtain a signed medical consent form or separate statement from the victim, or make arrangements to obtain such form or statement at the earliest opportunity and medical statement of evidence obtained in a OFFICIAL [PUBLIC] Page 152 proactive timely manner.  Make accurate notebook records of everything said by the victim, witness and alleged perpetrator (including significant statements).  Record the demeanour and emotional and mental condition of the alleged perpetrator, victim and other witnesses, including children.  Consider taking photographs of injuries any damage at the location i.e. broken furniture, windows or ceramics, telephone lines ripped out.  Ensure to have your body worn video switched on. The Use of BWV A recent Court of Appeal judgment found in favour of Police use of Body Worn Video evidence at a domestic incident, despite the victim not initially making a written statement of complaint and later withdrawing support for the prosecution, due to reconciliation with her abusive partner. Therefore officers should record domestic incidents on BWV. The BWV recording should start upon arrival at the scene and stop with the departure of the officer from the incident location. The BWV evidence does not replace a victim, witness or officer’s statements or observations– these should all be recorded as normal, with officers including a description of the immediate environment at which the incident took place, demeanour of parties, or relevant items, i.e. knives, damaged property, etc. It is best that police make their statements based on their notebook entries and do not watch the footage before recording a statement In cases where the alleged perpetrator has left the scene, a description should be circulated and every effort made to locate them. Officers should ensure that victims and any children are safe while alleged perpetrators are being located. Secure the safety of the victims in their home. If this is not possible, consideration should OFFICIAL [PUBLIC] Page 153 be given to taking them to a place of safety perhaps the home of friend or relative or refuge. If a victim is taken to a refuge or other place of safety, never disclose this to alleged perpetrator. Complete PPN, identifying risk factors, who is at risk and decide what level of intervention is required. Take positive action - a police officer should exercise a power of arrest where such exists and where it is necessary and proportionate in order to carry out an effective investigation and or prevent further offences. The Human Rights Act 1998 includes positive obligations on police officers to take reasonable action within their powers, to safeguard the rights of victims and children / vulnerable persons. Victims have a right to protection from domestic abuse and police officers have a responsibility to investigate and obtain sufficient evidence to prosecute an alleged perpetrator. Failure to exercise a power of arrest may leave a victim at risk from further offences and may mean that the Police Service is vulnerable to legal challenge under both the Human Rights Act and the law relating to negligence. Whilst the views of the victim are an important consideration, it is the decision of the Public Prosecution Service (PPS) to prosecute. Thus initial police action should not prejudge those decisions. It is the responsibility of the PPS to provide the PSNI with prosecutorial advice which may be requested at any stage of an investigation. Officers should consider the incident as a whole, pursue all lines of enquiry, gathering alternative evidence in order to charge and build a prosecution case that does not rely entirely on the victim’s evidence. We should always be considering an evidence-led prosecution, consider the following:  Partial admissions, injury photos and bad character evidence of the accused.  The victim’s 999 call as res gestae and officer’s description of injuries.  The 999 call, injuries captured on body-worn video and hearsay evidence from the victim recorded in the responding officer’s statement.  The Victim’s account recorded in officer’s notebook entry as hearsay (witness unable to give evidence through fear) and injury photographs.  Circumstantial evidence from a neighbour who hears an argument between the OFFICIAL [PUBLIC] Page 154  victim and perpetrator and notes injury to the victim in the immediate aftermath. In situations where an arrest is made, the victim or their representative should be asked for details of how they may be contacted in the event of the alleged perpetrator being released from police custody. Victims should also be asked for any information that may be subject to consideration in the imposition of bail conditions. Counter Allegations When attending a domestic incident, police officers may be confronted by sharply conflicting accounts of what has taken place, with each party claiming to be the victim. The alleged perpetrator may make a false counter allegation and or both parties may exhibit some injury or distress. In such situations, officers should examine whether the victim may have used justifiable force against the alleged perpetrator in self-defence. Therefore officers should conduct immediate further investigations at the scene or as soon as is practicable to attempt to establish the primary aggressor, evaluating each party’s complaint separately. Police action should be based on the available evidence. Officers should avoid making dual arrests without conducting a full investigation that seeks to identify the primary aggressor. This may not be the person who was first to use force or threatening behaviour. When investigating counter allegations, officers should note and record:  Comparative severity of any injuries inflicted by the parties.  Whether either party has made threats to another party or family or household members.  Whether either party has a prior history of violence.  Whether either party has made previous counter allegations.  Whether either party acted defensively to protect themselves or a third party from injury. OFFICIAL [PUBLIC] Page 155 It should be noted that the arrest of the primary aggressor does not prohibit the officer from arresting both parties where there is sufficient evidence and the officer is unsure as to whether the offences have been committed in self-defence. Withdrawal Statements A victim of domestic abuse may report to police that they have been reconciled with the alleged perpetrator and or no longer wish to pursue the prosecution. The victim should be advised that by withdrawing support for a prosecution, this does not mean that the PPS will withdraw the case. As a general rule, PPS will prosecute cases where there is sufficient evidence and an absence of factors preventing the case from continuing. The Investigating Officer or the Officer taking the statement of withdrawal will inform the PPS of their view on:  The truthfulness of the reasons given.  How a victim might react to being compelled.  Safety issues relating to the victim and any children.  Their recommendation as to how the case should be dealt with.  Any other information that they may consider relevant regarding the victims or offenders circumstances, again consider the possible involvement of paramilitaries. The taking of a withdrawal statement makes no difference to the responsibility of the investigating officer in conducting a full and proportionate investigation to actively seek other evidence to link a suspect to the offence. Where lines of enquiry remain the PSNI will continue the investigation despite the fact that the victim indicates their unwillingness to attend court. OFFICIAL [PUBLIC] Page 156 Safeguarding Tactics for Domestic Abuse Victims: The following list outlines safeguarding tactics that may be offered to victims of domestic abuse.  Flag the address for a quick response to any further calls to the address. We can add a flag with regards to a course of conduct, this ensures that any officer who deals with the victim will know what has previously happened and can take the appropriate action.  Offer a Crime prevention officer referral re the victim’s home address and or workplace,  Schools or other places frequented and any other vulnerable areas.  Offer a personal attack alarm.  Add details to the ebrief - to provide local and regular visible presence in close proximity to the victim’s address.  In some circumstance pay welfare visits if the victim consents.  Ensure the perpetrator is abiding with bail conditions in order to protect the victim and reduce offending.  Complete a social services referral.  Offer support services referrals to Women’s Aid, Men’s Advisory Project, Rainbow Project and others. Referrals are offered on every occasion as per the question on the PPN.  Signpost victims to the support services which are available for their specific set of circumstances and explain the advocacy service that is offered by Assist NI.  Fire service referral (if threats to commit arson) - In scenarios where there have been threats to cause damage by fire and persons are considered to be ‘at risk’, NIFS will, if victim has consented, accept referrals to make a follow up call to the victims home and provide appropriate advice on escape routes, and smoke alarms. Dependent upon the circumstances and victim’s wishes, consider taking victim and or their family to emergency accommodation or refuge. If the victim is willing to go to OFFICIAL [PUBLIC] Page 157 Women’s Aid Refuge, contact 24 Hour Domestic and Sexual Violence Helpline (0808 802 1414) who will then liaise with local refuge personnel and advise of the most suitable accommodation. ASSIST NI ASSIST NI is a new Northern Ireland wide advocacy service for victims of domestic and sexual abuse. Assist NI will ensure that qualifying victims of domestic and sexual abuse are safe, informed and supported throughout their involvement with the criminal justice system. ASSIST NI attempts to achieve this by providing a high-quality, streamlined support service tailored to individual needs. ASSIST NI aims to create positive outcomes for victims accessing the service, in terms of keeping them safe and reduce or eliminate risk of further harm, especially serious harms and potentially enhance confidence in the system more generally. Crime stoppers - encourage reporting of other offences to this service anonymously which would enable police to enable targeted patrols, e.g. perpetrator regularly drives whilst under the influence of alcohol or is a disqualified driver. Safety planning – provide advice to improve personal security. Make the necessary referrals if victim or perpetrator is receiving services by social services or mental health services for further support or intervention. Provide Information on court orders (NMO/Occupation Orders). Restraining Order on conviction or acquittal – consider making a recommendation on the file and in discussions with the PPS Prosecutor to consider a request from the court for a Restraining Order upon conviction or acquittal which will provide addition protection for victim and power of arrest for police. For those victims that have been assessed as high risk, in addition to the above, the officer should also consider: Flagging the parties on NICHE indicating that the victim is high risk. OFFICIAL [PUBLIC] Page 158 The Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021. The introduction of this Domestic Abuse offence closes a gap in law by criminalising abusive behaviour that occurs on at least two or more occasions, against an intimate partner, former partner or family member. Abusive behaviour includes not only physical violence, sexual violence and threatening behaviour but also extends to controlling or coercive behaviour, psychological abuse, emotional abuse, financial abuse and economic abuse. There may be occasions you will attend a domestic incident and there may be no crime detected, or only one incident of abusive behavior which does not meet the conditions of the domestic abuse offence or any other crime. On these occasions it is important to have this incident included on the niche domestic history report and flagged as a first incident of abusive behavior. By appropriately recording and flagging first incidents of abuse on the domestic history report this allows police to identify and consider previous incidents of abuse when a victim makes another report, which could then inclusively meet the criteria for the domestic abuse offence. In these type of first incidents officers must upload and exhibit BWV footage. By uploading and exhibiting this footage it ensures we secure this evidence should it be required at a later date for you to evidence a course of behavior. If we receive reports of incidents which occurred before the commencement of the bill, we must consider what other offences may be relevant such as harassment or malicious communications. When you attend a domestic incident there will be occasions when you will identify other statutory offences (Criminal Damage or AOABH) as well as the domestic abuse offence. For example a course of behaviour could include a number of incidents of coercive and controlling non-physical abuse, but you may also have identified a number of common assaults. In this example you would be arresting for the Section 1 domestic abuse offence and arresting for the common assaults or any other statutory offences identified. OFFICIAL [PUBLIC] Page 159 Statute barred offences within the DAO offence You can use a statute barred offences as part of the domestic abuse course of behaviour. There would however have to be a connection between the statute barred offence and the other abusive behavior reported. As long as the crime happened from 21st February 2022. The legislation is not retrospective, you cannot use any crime prior to this date as part of your course of abusive behaviour. Key aspects of the Domestic Abuse Offence A person commits an offence if all the following FOUR conditions are met: 1. Offender engages in a course of behaviour¹ which is abusive of another person. 2. The offender and victim are personally connected to each other at the time, and 3. A reasonable person would consider the course of behaviour would be likely to cause the victim physical or psychological harm2; this includes fear, alarm and distress. 4. They intend³ the course of behaviour to cause the victim to suffer physical or psychological harm, or is reckless as to whether the course of behaviour causes the victim to suffer physical or psychological harm.  1 A "course of behaviour" is behaviour that has occurred on at least two occasions.  2 This is an objective test with no proof of harm required.  3 Intentionality or recklessness relates to the course of behaviours, not the individual incidents. Under Section 2 of the Act, a non-exhaustive list of abusive behaviours includes: Behaviour that is violent (this includes physical and sexual violence). Behaviour that is threatening or intimidating. Behaviour that is directed at the victim, a child (a person under 18 years of age) of the victim or any other person that has as its purpose one or more of the relevant effects: Making the victim feel dependent or subordinate to the offender. OFFICIAL [PUBLIC] Page 160  Isolating the victim from friends/relatives/sources of social interaction and support. Controlling, regulating or monitoring the victim's day to day activities. Depriving the victim of or restricting their freedom of action. Making the victim feel frightened, humiliated, punished or intimidated. What is a course of behaviour? "Course of behaviour" constitutes behaviour on at least two occasions. This means that there must be at least two incidents of abusive behaviour, so single incidents of abuse are not covered. If this condition is not met, the domestic abuse offence can never be committed. A course of behaviour is mentioned in the legislation to capture abuse that typically occurs over a period of time, in order for an individual to exert control over another. The occurrences do not necessarily need to have taken place in quick succession however two incidents taking place a year apart (for example) are unlikely to be sufficient as it is unlikely that this will be considered to be a ‘course’ of behaviour A course of behaviour may be evidenced where the abusive behaviors are linked by motive. Motivations could include possessiveness, control, punishment, dominance and jealousy. A course of behaviour may also be evidenced where the abusive behaviors are linked by effect. Effects could include regulation of activities or behaviour, isolation from friends and family, deprivation of freedom and humiliation. During our investigation Police should evidence the connection between the incidents reported by the effect or impact on the victim or the offender’s motive for the abusive behaviour on each occasion. The domestic abuse offence should capture ongoing abusive behaviour that the victim is subjected to. OFFICIAL [PUBLIC] Page 161 What defines a personal connection? The legislation specifies the offender and victim must be personally connected at the time of the course of behaviour. The domestic abuse offence covers not only what may typically be considered domestic abuse, that is in the context of an intimate relationship, but also covers familial abuse such as abuse of parents or grandparents as well as abuse of close family members more generally. Victim and offender are personally connected if they:  are, or have been, married;  are, or have been, in a civil partnership;  live together (or have lived together) as if they were married or in a civil partnership;  are or have been in an intimate relationship - this is intended to cover relationships between two individuals (including young/teenage and same-sex relationships), although the relationship need not be sexual, nor long term; or  Are family members. A family member includes a person’s parent, grandparent, child or step-child, grandchild or sibling (including half siblings). It also includes a person’s ‘in-laws’ (the parent, grandparent, child, grandchild or sibling of the person that they are in a relationship with i.e. their spouse, civil partner, or someone they live with as if they are married or in a civil partnership). Half-blood and step-relationships are also covered. What is the reasonable person test for likelihood of harm? There are a few key points to note with this test:  The test as to whether a reasonable person would consider the course of behaviour to be likely to cause the victim to suffer physical or psychological harm is an objective test.  That the behaviour is carried out with the intent to, or is reckless as to whether or not it would, cause such harm. This condition could be met, for example, where the abuser is repeatedly verbally abusive and demeaning towards their partner/connected person but claims that they did not intend the behaviour to cause OFFICIAL [PUBLIC] Page 162  harm, and the court is satisfied that the accused’s behaviour would cause such harm.  It is not required to establish that each individual incident of behaviour was likely to cause harm, but rather that the course of behaviour is likely to cause harm. Parental Responsibility Section 11 of the Act provides that the domestic abuse offence would not apply in the context of someone having parental responsibility for a young person under the age of 16. The Act does not seek to criminalise parents who, for example, remove privileges from their children. The new legislation may however apply where two teenagers are involved in an abusive relationship or where there is domestic abuse of a parent by their adult child. The domestic abuse offence will apply when the offender has parental responsibility in cases where the victim is aged is 16 and 17 years old. Section 8 of the Act: Child Aggravators  It is important to recognise the impact of domestic abuse on children, either directly where they are a victim, or indirectly where they have been used to abuse someone else.  The Act provides for two child aggravators that can be attached to the domestic abuse offence.  Where both the domestic abuse offence and an aggravator is proved, the court may impose an increased sentence on the perpetrator compared to that which they would have received for the domestic abuse offence only. Please note: The child aggravators can ONLY be used with Section 1 of the Act, the domestic abuse offence. Section 8 - Aggravation where victim is under 18: Applies a child aggravator, in cases where the victim was under 18, at the time of any of the abusive behaviour which forms part of the domestic abuse offence. The victim does not have to be under 18 for the entire course of the abusive behaviour. OFFICIAL [PUBLIC] Page 163 In cases where an offender has parental responsibility of a victim under 16 the domestic abuse offence and aggravator will not apply. Where an offender has parental responsibility and the victim is 16 or 17 years old, the domestic abuse offence and this aggravator will apply.  The victim does not have to be under 18 for every incident, one incident where the victim is under 18 as part of the course of behaviour is enough to add this aggravator to the domestic abuse offence.  You can only add a child aggravation to the domestic abuse offence.  Where both the domestic abuse offence and a child aggravator is proved, the court may increase the sentence given.  When recording the crime with CMSU, inform the inputter of any aggravators that you have identified. If an aggravator is identified later in the investigation contact CMSU and update them, so the crime can be recorded appropriately. Section 9 of the Act Section 9 - Aggravation involving a relevant child An aggravation can be added to the charge if the offence involves a relevant child, defined as anyone under 18. The aggravation can be added to the charge of the domestic abuse offence if at any time during commission of the offence:  The offender directed, or threatened to direct, behaviour at the child, or  The offender made use of the child in directing behaviour at the victim, or  The child saw, heard or was present during an incident of behaviour which the offender directed at the victim as part of the course of behaviour or,  A reasonable person would consider the course of behaviour or an incident of the offender’s behaviour that forms part of the course of behaviour, to be likely to adversely affect the child. OFFICIAL [PUBLIC] Page 164 'Adverse affects’ are not defined, but include behaviours that cause fear, alarm or distress. You do not need the child aggravation in every single incident, one incident in your course of behaviour will suffice. The child does not need to be aware of the abusive behaviour and it does not need to cause them harm. You can only apply a child aggravator to the domestic abuse offence.  Where both the domestic abuse offence and a child aggravator is proved, the court may increase the sentence given.  The aggravation can be directed at any child, for example, a niece, family member, child’s friend or neighbour.  If the conditions are met, you can add both child aggravators to the domestic abuse offence, for example, when the victim is under 18 and she has a child where Section 9 applies.  When recording the crime with CMSU, inform the inputter of any aggravators that you have identified. If an aggravator is identified later in the investigation contact CMSU and update them so the crime can be recorded appropriately. Section 15 of the Act provides for a statutory aggravator that can be applied to any criminal offence (other than the domestic abuse offence) provided that the following three conditions are met: A reasonable person would need to consider the offence likely to cause physical or psychological harm (including fear, alarm and distress) to the victim; The individuals would need to be personally connected - intimate (including previous) relationship or family members; and The accused would need to intend to cause harm or be reckless as to this. This statutory aggravator enables the court to increase the sentence, to the maximum available, where domestic abuse has occurred. OFFICIAL [PUBLIC] Page 165 What offences do I apply to Section 15 of the DA&CP Act 2021? Any offence (except the domestic abuse offence) may be aggravated by reason of involving domestic abuse, for example, criminal damage of a partner’s car or assault of a partner. Parental responsibility exception applies: As with the domestic abuse offence, a parental responsibility exception applies to the domestic abuse aggravator where the victim is under 16 and the perpetrator has responsibility for the victim. Conditions to be met: For this aggravation to apply:  a reasonable person would need to consider the offence likely to cause physical or psychological harm (including fear, alarm and distress) to the victim;  the individuals would need to be personally connected - intimate (including previous) relationship or family members; and  The accused would need to intend to cause harm or be reckless as to this. The offence can be aggravated whether or not... The offence is directly against the victim, for example, in the criminal damage example above, the car could belong to the victim’s parent. Harm does not have to be caused...This may be either physical or psychological harm. Key Learning Points 1. Police attend a call with a domestic motivation every 17 minutes in Northern Ireland. 2. The definition of domestic abuse: ‘threatening, controlling, coercive behaviour, violence or abuse (psychological, virtual, physical, verbal, sexual, financial or emotional) inflicted on anyone (irrespective of age, ethnicity, religion, gender, gender identity, sexual orientation or any form of disability) by a current or former OFFICIAL [PUBLIC] Page 166  intimate partner or family member’. 3. Officers should be mindful that victims of domestic abuse may suffer numerous times before calling the police. They may be afraid to tell anyone about the abuse or worried that it was their fault. 4. There may be language barriers when trying to access services, therefore access to professional interpreters should be provided. 5. Older victims might experience abuse from a partner who is also their carer, like victims with disabilities who might be afraid of losing their home. 6. Victims with disabilities might feel dependent upon the person abusing them and their home, which might have been adapted to meet their care needs. This makes leaving an abuser a very difficult option. 7. Male victims may fear that they will not be believed or taken seriously because of assumptions on how to behave. 8. Within the LGBT community there is an under reporting of domestic abuse incidents and crimes. Ensure an LGBT DASH is completed at all incidents with a domestic motivation involving a member of the LGBT community. 9. Every effort should be made to avoid causing children any unnecessary distress or adding to any damage already suffered. 10. Members of the Traveller community may worry about attitudes and reactions outside of their communities. 11. Victims who misuse drugs or alcohol might fear that they will not be taken seriously or that they will be treated in terms of their drug or alcohol use OFFICIAL [PUBLIC] Page 167 12. Sex workers might not want to approach agencies for help because of perceived or actual disrespect from authorities. 13. Victims who have been trafficked might have additional fears about their status as an illegal immigrant. 14. Victims with learning disabilities might find it difficult to understand information you give them about domestic abuse. 15. Domestic abuse can include violence inflicted on, or witnessed by children. The adverse effects of living with domestic abuse for children must be recognised. 16. Non-fatal strangulation: Where a victim reports passing out, losing consciousness, waking up in a different location or has a loss of memory around the circumstances of what happened to them, NIAS should be tasked and as much detail as possible passed to them to allow them to assess the victim appropriately. 17. Honour-based abuse: This is typically committed to protect or defend the perceived honour of the family or when individuals try to break from ‘norms’ of behaviour that their community is trying to impose. 18. Forced Marriage: This is where one or both people do not (or in cases of people with learning disabilities or reduced capacity, cannot) consent to the marriage as they are pressurised, or abuse is used, to force them to do so. 19. Female Genital Mutilation: This is a form of violence against women and girls. As this is generally inflicted upon children, it is considered to be a type of child abuse. 20. There have been incidents where the use of a legally held firearm in a domestic incident has resulted in fatal or serious injuries. Although each case must be judged on its merits, the key to achieving these aims is a rigorous enforcement of the firearms legislation with action to seize firearms and revoke certificates, as appropriate, as a matter of public safety. This applies irrespective of any offences OFFICIAL [PUBLIC] Page 168  that may have been committed. 21. There are currently four DASH forms used by PSNI: a) DASH: completed at all incidents with a domestic motivation, this includes nine additional questions in relation to stalking and harassment, if applicable. b) LGBT DASH: completed in addition to DASH at all incidents with domestic motivation. c) Stalking and Harassment DASH: completed at all incidents where there are two or more incidents of stalking or harassment. This form is also used when there is no domestic motivation ie victim and perpetrator may work together. d) HBV DASH: completed if the answer is yes to question 20 or 21 on DASH. 22. If a victim is high risk from the completion of the DASH form they will be referred into the Multi Agency Risk Assessment Conference (MARAC). 23. A NMO is a court order which forbids the respondent from molesting the applicant or a relevant child and forbids them instructing, encouraging or in any way suggesting that any other person should do so. 24. Police will only have a power of arrest for contravention of an Occupation Order where it is issued in conjunction with a Non Molestation Order. There is no inherent power of arrest for an Occupation Order in itself. 25. Separate parties, including any children. Officers should ensure that they speak to the victim in a place where the alleged perpetrator cannot overhear, as the victim may not be able to talk freely, if at all. 26. The BWV recording should start upon arrival at the scene and stop with the departure of the officer from the incident location. The BWV evidence does not replace a victim, witness or officer’s statements. OFFICIAL [PUBLIC] Page 169  27. Signpost victims to the support services which are available for their specific set of circumstances and explain the advocacy service that is offered by Assist NI. 28. The introduction of this Domestic Abuse offence closes a gap in law by criminalising abusive behaviour that occurs on at least two or more occasions, against an intimate partner, former partner or family member. 29. You can use a statute barred offences as part of the domestic abuse course of behaviour. There would however have to be a connection between the statute barred offence and the other abusive behaviour reported. As long as the crime happened from 21st February 2022. The legislation is not retrospective, you cannot use any crime prior to this date as part of your course of abusive behaviour. 30. Section 8 - Aggravation where a victim is under 18: Applies a child aggravator, in cases where the victim was under 18, at the time of any of the abusive behaviour which forms part of the domestic abuse offence. 31. Section 9 - Aggravation involving a relevant child: An aggravation can be added to the charge if the offence involves a relevant child, defined as anyone under 18. 32. Section 15 of the Act provides for a statutory aggravator that can be applied to any criminal offence. Any offence (except the domestic abuse offence) may be aggravated by reason of involving domestic abuse, for example, criminal damage of a partner’s car or assault of a partner. 33. The new legislation allows us to investigate peer-on-peer abuse, i.e. young people in a relationship where there is domestic abuse. It is important again to mention the two strategies Operation Encompass – sharing information with schools, and Violence against Women and Girls (VAWG) STRATEGY (Non-examinable) OFFICIAL [PUBLIC] Page 170 Operation Encompass The scheme is a partnership between the Police Service of Northern Ireland, the Education Authority, the Safeguarding Board of Northern Ireland and schools. If officers attend a domestic abuse call, and children are present, Operation Encompass allows the officer to pass on relevant information to the safeguarding team at the child’s school before 9am the following morning, so the right support can be put in place. “The scheme allows us to share information with schools in quick time so that we can best protect and support children through times that are incredibly difficult for them. School is often seen as a ‘safe place’ for a child in these circumstances and the support and understanding that teachers can provide should never be underestimated. We are delighted that this scheme is now fully operational across all schools in Northern Ireland. We are working in partnership to break the cycle of abuse.” Violence against Women and Girls This is a key issue for policing both in Northern Ireland and across the UK. As a police service we will be working to better recognise, understand, address and reduce the harm and fear experienced by women and girls.” In Northern Ireland over the last five years, 28 women and girls were murdered by men. Many others faced other forms of male violence, abuse and intimidation both within their own homes and the wider community and our statistics show that we receive a call of domestic abuse once every 16 minutes. Chief Superintendent McNally commented; “Whilst recognising much has already been done to prevent violence against women and girls, more can and should be done, and we are committed to creating an environment where women and girls can feel safe and be safe. “The Violence Against Women and Girls Action Plan is set out to be delivered over 7 years and sets out, for the first time in Northern Ireland, a clear roadmap for how we will play our part to tackle this societal issue focusing on prevention, early intervention and enhanced support for victims in years one and two, with the primary objective to build trust and confidence in policing. It follow the National Police Chief’s Council’s national strategy on how police can support women and girls who are victims of violence and harassment focusing on three pillars of building trust and confidence in policing, relentless perpetrator pursuit and supporting victims, and creating safer spaces for women and girls. OFFICIAL [PUBLIC] Page 171