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Domestic abuse
Contents
Part one - Policy ............................................................................................................ 2
Chapter 1
Definition ............................................................................................. 2
Chapter 2
Duty of positive action ......................................................................... 3
Part two – Policy procedure ......................................................................................... 5
Chapter 1
Responsibilities ................................................................................... 5
Communications staff ...................................................................... 5
Attending officer .............................................................................. 8
Domestic Abuse, Stalking, Harassment and Honour Based
Violence (DASH) risk assessment .......................................... 13
Obtaining statements ............................................................. 15
Supervisors ................................................................................... 18
Investigating officer........................................................................ 18
Submitting reports to CPS ...................................................... 21
Custody sergeant .......................................................................... 22
Safeguarding Units ........................................................................ 23
Chapter 2
Victim withdraws complaint ............................................................... 26
Chapter 3
Multi Agency Risk Assessment Conference (MARAC) ..................... 28
Chapter 4
Integrated domestic abuse and safer relationship programme
notifications ....................................................................................... 28
Chapter 5
Court orders ...................................................................................... 29
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Domestic abuse
Part one - Policy
Policy
This police procedure is intended to assist all officers and staff when
summary
dealing with domestic abuse incidents to protect the victim effectively
and efficiently.
Aim
The aims of the policy are to explain:
• the responsibilities of each individual’s role;
• the DASH, risk assessment process;
• the information required in a statement;
• why a victim may withdraw their complaint; and
• non molestation and restraining orders.
Scope
All police officers, communication and help desk staff.
Compliance
Human Rights Act 1998 Articles 2, 3, and 8 ECHR.
PACE
Criminal
Justice and Public Order Act 1994 Sections 36 & 37
Protection from Harassment Act 1997
Related
Some victims of domestic abuse may be classed as 'vulnerable
guidelines
victims, and the policy guidance on this can be accessed via
this link.
Information on honour based violence can be accessed via
this link.
Chapter 1
Definition
Domestic
The following classes of incident will be defined as domestic abuse by
abuse
West Yorkshire Police and will be managed in accordance with this
policy:
Any incident of threatening behaviour, violence or abuse
(psychological, physical, sexual, financial or emotional) between:
1. adults aged 18 and over who are or have been intimate partners
or are family members; and
2. persons aged 16 and 17 who are or have been intimate partners,
and in all cases regardless of gender and sexuality.
Family members are defined as mother, father, son, daughter, brother,
sister and grandparents, whether directly related, in-laws or step-
family.
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Note: Incidents involving persons under 18 who are related, for
example between parents and children or siblings, will be recorded as
child protection referrals on the VIVID system and will be dealt with as
such by CPPU Units.
Link to
Multi-Agency Statutory Guidance for the Conduct of
Domestic Homicide Reviews
Chapter 2
Duty of positive action
Human Rights The Human Rights Act 1998 places positive obligations on police
Act 1998
officers to take reasonable action, which is within their powers, to
safeguard the following rights of victims and children:
• Right to life (Article 2, ECHR);
• Right not to be subjected to torture or to inhuman or degrading
treatment (Article 3, ECHR);
• Right to and respect for private and family life (Article 8, ECHR).
Failure to make an arrest when there are grounds to do so may leave
a victim at risk from further offences. It may also mean that the police
force is vulnerable to legal challenge under both the Human Rights Act
1998 and the law relating to negligence. Action taken at all stages of
the police response should ensure the effective protection of victims
and children, while allowing the criminal justice system to hold the
offender to account.
Offence has
Where an offence has been committed in a domestic abuse case,
been
arrest will normally be ‘necessary’ within the terms of PACE to protect
committed
a child or vulnerable person, prevent the suspect causing injury and/or
allow for the prompt and effective investigation of the offence.
Code G of the PACE Codes of Practice states that an arrest to allow
prompt and effective investigation may also take place for a number of
reasons, including where there are grounds to believe that a person
may intimidate or threaten or make contact with witnesses.
Decision to
The decision whether or not to arrest a suspect rests with the police
make an
officer, and victims should not, therefore, be asked whether they
arrest
require an arrest to be made.
The CPS makes the decision whether or not to prosecute. Initial
police action should not pre-judge those decisions. The role of the
police is to collect sufficient evidence to enable the CPS to make a
decision.
If there is evidence of assault or other criminal offences arrest for
those substantive offences should be made and not Breach of the
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Peace (BOP). A binding over following a BOP does not afford
effective protection for a victim or potential victim of domestic abuse.
If however there are no substantive offences BOP may be appropriate.
If grounds for arrest exist, but the officer believes that arrest is not
necessary to ensure an effective investigation and/or to ensure that
further offences will not be committed, the officer should
have this
decision confirmed by a supervisor and take the following action:
• record the details of why an arrest has not been made;
• explain the reason why an arrest has not been made to the victim,
where appropriate; and
• give consideration to proceeding by summons or issuing a police
notice for the purposes of the Protection from Harassment Act 1997
(PHA).
Removing the
Under no circumstances will Police transport a suspect from a
suspect from
domestic incident to an alternative address to calm a situation or
the incident
prevent a breach of the peace.
If there is a need to remove the suspect from the location to calm the
situation the suspect must be arrested. If a suspect is arrested for
breach of the peace and resists or is violent to the arresting officer, a
further arrest for a substantive offence should be considered.
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Domestic abuse
Part two – Policy procedure
Chapter 1
Responsibilities
Communications staff
Introduction
Incidents should be graded in line with the Force
Incident grading
and response policy.
Incident
If the incident is ongoing, consider keeping the caller on the line so
response
that evidence can be gathered on the tape.
You should:
Step
Action
1
inform the officer attending of the existence of this evidence,
and record it on the STORM log;
2
prioritise the safety of the victim and children (giving safety,
first aid or other advice as appropriate);
3
keep the victim or caller accurately informed of the
deployment of officers.
4
if the suspect has left the address:
• advise the caller to lock and secure the premises and to
return to the telephone; and
• take a full description of the suspect and circulate it to
officers in the area;
5
abandoned or silent 999 calls where domestic abuse is
suspected must be dealt with positively.
When telephone calls are cut off this requires an urgent
reassessment of the call grading as the safety of the caller
might be further threatened.
Information
Full details of the incident and of all parties involved should be
gathering
recorded and flagged appropriately on the incident log.
checklist
You should take, record and disseminate the following information:
Step
Action
1
location and identity of the caller or person making the
report;
2
location of the incident;
3
location of the suspect, victim and children;
4
• if the parties are injured;
• the severity of any injury; and
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• if medical assistance is required;
5
identity of all parties involved including the victim, children
and suspect (e.g., names, sexes, dates of birth, home
addresses, telephone numbers);
6
if any children are living in the household, if they are present,
and safe;
7
if any weapons have been used (specifically firearms or
knives);
8
if any weapons are available to the suspect and if the
suspect or any other household members hold a license for
a firearm;
9
if communication difficulties exist and officers require an
interpreter;
10
if there are any special needs, for example, disability;
11
in what capacity the parties are involved;
12
if any person present appears drunk or has taken drugs;
13
if there is any history of domestic abuse;
14
a description of the suspect;
15
if any court orders apply;
16
first account of what the caller says has occurred; and
17
details of the demeanour of the victim, suspect and others
present, and background noise (including shouting, words
spoken).
Advice on
When you have established that the victim is safe, some basic advice
preserving
can be given about preserving the crime scene until the police arrive.
the crime
scene
This should include,
not:
Step
Action
1
moving anything (or allowing others to do so);
2
cleaning up or tidying the house;
3
allowing the victim to wash, take a shower or change their
clothing;
4
allowing children, relatives, neighbours or animals to enter
areas where the incident took place (where possible).
Deployment
When following the deployment checklist you should:
checklist
Step
Action
1
prioritise the safety of those at the incident, members of the
public and officers;
2
ensure that medical assistance is en route, where
appropriate;
3
make sure that support (backup) is available for the officer(s)
attending the incident where appropriate;
4
inform the caller when an officer(s) has been dispatched;
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and
5
inform the caller when a police officer(s) has arrived at the
scene so that the officer(s) can be safely admitted to the
premises.
Consult
PNC, CORVUS and other systems as appropriate should be consulted
systems
to establish:
• the domestic abuse history of all parties, particularly the presence of
Multi Agency Risk Assessment Conferences (MARAC) or Integrated
Domestic Abuse (IDAP) flags;
• the criminal offending history of all parties, particularly violent and
sexual offending;
• information regarding:
• current warrants;
• court orders;
• restraining orders;
• injunctions;
• bail conditions;
• license conditions;
• Sex Offender Registration; and
• any relevant intelligence;
• the child protection history in relation to any children at the address;
and
• any risk of violence to attending staff.
You must:
Step
Action
1
pass this information to the attending officer,
prior to them
attending at the scene;
2
inform the divisional duty supervisor, if the incident is a
'repeat' domestic incident; and
3
ensure that the STORM log is accurately updated and
includes sufficient information for supervisors to monitor the
incident.
Updating
All STORM logs, involving reports of domestic abuse,
must be fully
STORM log
updated with the description and progress of the incident.
All domestic abuse incidents must be finalised in accordance with
National Crime Recording System (NCRS), and include a Niche
reference number or explanation as to why one is not applicable.
Prior to the incident being finalised on STORM, ensure that divisional
supervision have endorsed the log that:
• effective action has been taken;
• a DASH risk assessment has been conducted and graded Standard,
Medium or High; and
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• the incident has been recorded on Niche.
All reported domestic incidents should be finalised with the appropriate
Fin code(s) and the text ‘domestic abuse’ included in the Qualifiers
field.
Attending officer
Prior to
Prior to attending the scene you must ensure you have received all
attending the
relevant antecedent history as described
above.
scene
Initial actions
Your first priority is to protect all persons present from injury or further
harm. This includes the victim, children, witnesses, police officers and
the suspect.
The requirement for positive action means that in all domestic abuse
cases you must consider the incident as a whole, not just the oral or
written evidence of the victim.
Focus your efforts, from the start, on gathering evidence in order to
charge and build a prosecution case that does not rely entirely on the
victim’s statement. This is particularly important where, at any stage
during the process, the victim appears not to support a prosecution.
Action on
To ensure the safety of victims and children and to preserve evidence,
arriving at the
you should:
scene
Step
Action
1
reassess the victim and officer safety, including immediate
risk, particularly in respect of access to or use of weapons;
2
make an immediate assessment of the need for first aid or
other medical assistance such as an ambulance (this should
include the needs of the victim, any children, any other
persons and the suspect);
3
separate parties, including any children;
4
confirm the identity of the suspect (if they are no longer at
the scene and circulate a full description);
5
establish who is or was at the scene, including any children;
6
request appropriate checks on the suspect and household
(including warrants, bail conditions, civil orders and child
protection register, ViSOR, Niche, firearms licences or
intelligence reports linking suspect and household members
to weapons) if not already done;
7
make accurate records of everything said by the suspect,
victim and any witnesses, including children;
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8
record the demeanour of the suspect, victim and any other
witnesses, including children;
9
consider taking photographs and/or using a video camera to
record evidence pending arrival of SOCO;
10
consider requesting CID assistance and report findings to
the investigating officer (if different from the first response
officer);
11
secure the safety of victims in their home – if this is not
possible, consideration should be given to taking them to
another place of safety, e.g. the home of a relative or a
refuge;
12
obtain an overview of what has occurred, taking into account
the established risk factors associated with domestic abuse;
and
13
ensure that information relating to the suspect is included in
any risk management processes.
Language and
The use of family members, in particular children, to interpret, other
communication
than as a
last resort should
not be used. Any use of a family member
difficulties
or child as an interpreter at the scene should only
be for the purpose
of establishing facts that might secure the immediate safety of all
parties.
If officers use a member of the family or member of the public to
interpret at the
scene, this should be recorded with the details of the
‘interpreter’.
As a preference to using a child or family member, officers should
consider using a
telephone interpreting service, e.g. language line
through an Airwave radio set. Any use of such a service should be
limited to preliminary inquiries.
Gaining a first
When gaining a first account from a victim or witness, you should:
account from a
victim or witness
Step
Action
1
ensure each party is spoken to separately (speak to the
victim and/or any children independently, in a place where
the suspect and other family members cannot overhear, to
allow them to talk more freely);
2
explain the investigation processes and procedures to the
victim and/or any witnesses, and make it clear that the police
take these matters seriously;
3
explain that support is available for the victim or witness;
4
obtain a first account as soon as practicable after the event,
when the witness may be most able to recall the incident;
5
Important: record first accounts given by witnesses,
especially those relating to suspect descriptions, e.g.,
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clothing worn. (These may prove to be a most reliable
source of information as they are made with the incident still
fresh in their minds);
6
the first account from the victim should be recorded
contemporaneously and verbatim where possible, in speech
marks in a pocket note book. The victim should be asked to
sign the entry as a true record with reasons for any delay
being noted; and
7
the fact that any witness or victim may be under the
influence of drink or drugs must be recorded but will not
prevent a first account being obtained.
Victims
It may be necessary to ensure that the victim receives medical
requiring
treatment at a hospital or other health facility.
treatment at
hospital
If this is the case, you should:
Step
Action
1
accompany the victim in order to maintain the continuity and
integrity of the evidence, and to coordinate any
investigations undertaken;
2
ensure that all materials (medical items, packaging,
protective clothing) used in the examination are from
recognised and approved evidence collection kits;
3
where the use of surgery or hospital equipment is
unavoidable, a control sample should be obtained, e.g., a
hospital swab and any blankets or sheets seized and
individually packaged and prepared as an exhibit at the
scene;
4
if a forensic medical examination is necessary, explain the
reason to the victim.
The forensic physician is responsible for determining
consent. The victim should be asked if they have any
preference regarding the sex of the doctor.
5
make sure when separate individuals involved in the same
case require a forensic medical examination, different
forensic physicians at different locations examine them.
Where this is not possible, forensic cleaning should take
place along with other measures to avoid any cross-
contamination of evidence;
6
avoid cross contamination of scenes and should, where
possible, avoid attending both the scene and any forensic
medical examination;
7
ensure an appointed forensic physician or other suitably
trained and authorised health service personnel, conducts
the forensic medical examination in a suitably equipped
medical room.
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Securing and
When securing and preserving evidence and information you should:
preserving
evidence and
Step
Action
information
1
note that the:
• victim is the primary scene and they should be treated as
such (the investigator’s first concern should be the
victim’s safety, state of mind and ability to cope with
forensic requests); and
• suspect is a scene, and other persons at the premises
may also be scenes;
2
secure, preserve and control the scene to limit any access
until sufficient information is available to make an informed
assessment of the situation;
3
remove people and animals from the identified areas of
activity, and, ideally, from the whole area, if practicable;
4
establish physical secondary scene parameters –
potentially the whole of the premises;
5
be aware that the suspect’s actions following the incident
may create further sites of forensic interest;
6
consider erecting cordons and putting in place a recorder
to document people entering and leaving (depending on
the severity of the incident);
7
consider any potential areas of contamination that could
impact upon the integrity of evidential material;
8
take possession of any exhibits, for example weapons
used, mobile phones etc;
9
ensure all other forensic opportunities are used at the
scene to obtain evidence and corroborate the victim’s
account;
10
request SOCO attendance to take digital photographs of
injuries or disturbance at the scene. It may be preferable
to delay the taking of an injury photograph for example to
allow bruising to develop. If SOCO is not available
photographs may be taken using Blackberry or other digital
devices. However, wherever possible SOCO should be
utilised.
11
where possible, ensure that any ‘Headcam’ or other body
worn recording device is operating at the time of arrival.
‘Headcam’ or other body worn recording devices should
always be deployed during the initial attendance at
domestic incidents.
Headcam type devices are crucial tools in obtaining
admissible evidence to progress cases, particularly where
the victim subsequently does not wish to proceed.
(Headcam operating protocols)
12
record in your pocket notebook the demeanour of the
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victim and suspect and apparent disparities in strength and
size;
13
record the state of the scene e.g. signs of disturbance or
damage;
14
conduct house to house enquiries and obtain statements
from witnesses; and
15
identify and seize CCTV including that at relevant locations
visited by the victim and suspect prior to the offence, for
example licensed premises, where this may provide
corroborating evidence.
Children (All
Check that any children in the household have not been harmed and
persons
assess any needs they may have, e.g. Social Care or CPPU referral.
under 18)
There are minimum recording requirements for children and when
attending domestic abuse incidents. Record details of children
present at the time of the incident or ordinarily resident at an address
where a domestic abuse incident has occurred, the details should be:
Step
Action
1
name, including other family names and any previously
used names;
2
date of birth;
3
sex;
4
normal address;
5
general practitioner where known;
6
primary carer or care arrangements for looked after
children;
7
school;
8
full details of the child’s circumstances, as witnessed by the
officer, to include personal welfare, cleanliness,
communication ability, injuries and demeanour;
9
details of anything said by the child; and
10
full details of other children ordinarily present at the
address.
Warning
The following ‘warning signs’ indicate some of the ways of highlighting
signs
a child at risk:
• child made the call for Police attendance;
• child is harmed, either physically or psychologically as a
consequence of the domestic incident; or
• the child is/has been subject to previous child protection referrals.
Children can suffer trauma from both the offence and the conduct of
the investigation, so every effort must be made to minimise their
distress.
In all cases, you should find out if any children in the household are
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subject to abuse. They are at increased risk if domestic abuse is
occurring.
If you have reasonable cause to believe that a child is at risk of
suffering significant harm, you may remove the child to suitable
accommodation and keep them there for up to 72 hours. The child is
then referred to as being 'taken into Police Protection.
Link to
Powers of police protection
Recording
Ensure that details of the incident have been recorded on NICHE,
details of the
recording 1 of the following as appropriate:
incident
• Domestic:
• Breach of Bail;
• Breach of Peace;
• Crime;
• Harassment Warning; or
• Verbal dispute
An additional Niche occurrence type exists: MARAC referral. This is to
be submitted by Safeguarding Unit staff when taking a case to
MARAC.
Crime recording processes are currently undergoing changes and staff
should follow local procedure:
• a domestic incident should only be recorded on Niche for persons
aged 16 and 17 where they are have been intimate partners. Where
incidents which might otherwise be thought of as ‘domestic’ occur
between persons under 18 who are siblings, parent and child or
some other relation a child protection VIVID report should be
recorded in addition to any Niche (non domestic) crime and this
report will be managed by the local Child and Public Protection Unit
(CPPU).
Domestic Abuse, Stalking, Harassment and Honour Based
Violence (DASH) risk assessment
Introduction
To determine the level of risk posed to the victim by the alleged
offender you must take account of the DASH risk assessment and any
other relevant information.
Conducting a
Conduct a DASH risk assessment with the victim and complete the
risk
Form 257 (available on Word Crime drop down menu).
assessment
DASH is a three part process. You must use your professional
judgment to:
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• identify the risk factors which are present using the 27 points
identified on the F257;
• assess the level of risk they indicate (i.e. a factor may be present,
such as financial abuse, but may not be serious); and
• manage that risk by addressing any immediate threats to the victim.
Guidance notes on the completion of the DASH assessment can be
accessed via
this link.
The level of risk must be determined as:
Level
Description
Standard
no significant current indicators of risk of harm.
Medium
there are identifiable indicators of risk of harm.
The offender has the potential to cause 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.
High
there are identifiable indicators of risk of serious harm.
The potential event could happen at any time and the
impact would be serious.
(A 'high' risk may be highlighted by several indicators
or, alternatively, there may be just one. The decision
must be based on the information contained in the risk
assessment and professional judgment).
Supervisors
You must be satisfied that you done all you can to ensure that the
agreement on
victim is safe when you leave, before leaving the scene consult with
risk
supervision. Secure the supervisors agreement to your DASH risk
assessment
assessment (Standard, Medium or High).
Endorse the agreeing supervisor’s details on the F257 form, and
ensure the STORM log is endorsed with the risk assessment level.
Risk assessments should be fully shared with the victim, so that they
are aware of both the risk assessment process and the outcome of the
risk assessment.
The victim should
not be asked to sign the risk assessment, as the
responsibility for protecting the victim rests with the police.
Referral to
You must obtain the victim's informed and explicit consent for referral
victim
to Victim Support and other support agencies.
support
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This information should be recorded on the F257 DASH risk
assessment.
Obtaining statements
Victim
Obtain a full detailed statement from the victim, even if the
statement
complainant declines to prosecute. If the victim wishes to speak to an
officer of the same sex, you should make every effort to ensure that
one is available.
Within the statement you should include:
Step
Action
1
the full history of the relationship and any other previous
incidents (including incidents witnessed by children, other
family members, friends or when medical assistance was
sought);
2
the full details of the current incident including evidence to
support the alleged offence;
3
details of witnesses present at the scene;
4
the nature and seriousness of the victim's injuries (physical
and emotional);
5
any weapons used;
6
any threats made before or since the attack;
7
details of family members;
8
whether the suspect planned the attack;
9
whether the parties are separated;
10
the victim's view on the future of the relationship;
11
details of any civil orders or injunctions made or pending;
12
details of any child contact agreements;
13
whether any attempt at choking (strangulation) has been
made;
14
whether any sexual violence has occurred;
15
the victims views regarding their and any children's safety;
16
the effect on any children present, and if they have been
harmed;
17
the impact on victim;
18
any other available witnesses; and
19
all victims should be invited to make a Victim Personal
Statement.
Account
If a victim (or witness) first account is recorded by a body-worn video
recorded by
device, they should be given the opportunity to review their first
body worn
account prior to a further interview or the making and signing of a
video
statement. Any interview or statement should make reference to the
recording and reviewing of the first account.
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Reluctance to
If a victim is reluctant to provide a witness statement, officers should
provide a
make every effort to ascertain the reason for the reluctance and
statement
remedy the victims concerns. Domestic violence victims often play
down the behaviour of the offender and have genuine concerns about
giving evidence. In such cases you should obtain a statement
covering as much of the incident and relevant history as possible, it
may be appropriate to include in the victim personal statement the
concerns of the victim with regard to giving evidence.
Do not include in the body of the statement reference to declining to
prosecute, but note this in the file.
If someone subsequently wishes to withdraw their complaint or amend
their statement then the OIC must liaise with the district Safeguarding
Unit before taking any further action, (The Home Office has issued
guidance as to the content of withdrawal statements and requires an
accompanying report to be provided to the CPS).
Additional
In order to fully achieve objectives set out above you will need to
information
obtain information regarding:
• the status of the victim's current relationship with the offender;
• the effect on that relationship if the prosecution continues against the
victim's wishes including your views;
• offender's potential for re-offending;
• whether the victim supports the prosecution, including how they feel
about attending court;
• victims and witnesses may be ‘
Vulnerable victims’ under the terms
of Sections 16 and 17 of the Youth Justice and Criminal Evidence
Act 1999 and they may require Special Measures;
• any witnesses who may require an interpreter and notify the
investigator of requests from witnesses for interpreters of the same
sex or of a particular ethnic group, political orientation or affiliation;
and
• issues relevant to bail conditions e.g. information re workplaces and
schools etc.
Attending
As the attending officer your statement must:
officers
• describe what you saw on arrival, including:
statement
• injuries to complainant;
• evidence of distress of complainant or other family member;
• evidence to corroborate use of violence such as damage,
overturned furniture, blood on wall etc.;
• demeanour of suspect if still at scene (drunk/aggressive etc);
• physical differences between complainant and suspect
(height/size etc); and
• injuries to suspect; and
• record the allegation made by the complainant.
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This is key evidence and may be used at trial even if the complainant
does not attend.
The better the quality of the statement, the more
likely the evidence will be admitted under the Hearsay provisions. The
statement must contain a
word for word record of exactly what the
complainant told you about how the injuries were caused including
details of:
• who caused the injuries?
• when were they caused? (the more proximate the assault to police
attendance, the more likely the court will be to admit the allegation in
the absence of the complainant);
• how were they caused?
• did anyone else witness the assault?
• was a weapon used?
After recording the victim’s comments in your PNB the victim must be
invited to read and sign the entry. The fact they read and signed the
entry should be specifically referred to in your statement.
Recording the Record the suspect’s response to the allegation of assault made by
suspects
the victim.
response
This should be recorded
word for word in your PNB and any
admission/partial admission shown to the suspect who should be
invited to sign it as above. This record should also be put to the
suspect in interview.
If the complainant makes the allegation in the presence of the suspect,
this should also be noted as the suspects response may be
incriminating including silence or otherwise not disputing the
allegation.
Significant
A significant statement made by the suspect is one which appears
statements
capable of being used in evidence.
Paragraph 11.4, Code C of the PACE Code of Practice states that at
the beginning of an interview the interviewer, after cautioning the
suspect, shall put to them any significant statement or silence that
occurred in the presence and hearing of a police officer or other police
staff before the start of the interview. Such statements should then be
included as part of the suspect interview plan.
If the suspect has made a significant statement you should
ensure that this is recorded in your PNB and the suspect invited
to sign it. This fact must be relayed to the custody officer and
recorded in the custody record.
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Supervisors
Introduction
Supervisors must take an active interest in the investigation of all
domestic violence cases. The Dispatch centre should bring all
instances of repeat domestic violence cases to the attention of a
supervisor.
Wherever possible a supervisor should attend the scene of any
domestic violence incident to identify and direct any action
required.
Action required
On being notified of a domestic violence incident you must:
by supervisor
Step
Action
1
assess the risk to the officers attending;
2
ensure that victim safety issues are addressed and a DASH
risk assessment has been conducted;
3
continually monitor/supervise the incident and the
subsequent investigation;
4
ensure that immediate efforts are made to arrest suspects
who are outstanding;
5
ensure that suspects who cannot be found are circulated as
wanted before the officer retires from duty;
6
ensure that all relevant evidence has been gathered;
7
ensure that a Niche occurrence has been recorded; and
8
prior to any incident being finalised on STORM, endorse the
log that effective action has been taken and a DASH risk
assessment has been conducted.
Investigating officer
Initial actions
The reluctance of a victim to provide a statement or testify against
their spouse, cohabitee or partner, must not deter you from gathering
evidence, interviewing the alleged offender and submitting a file to the
CPS (this includes cases where the victim has provided a decline to
prosecute statement).
Victimless prosecutions should always be considered. In such cases,
treat the incident as a crime, preserve the scene and consider forensic
evidence from the victim and location.
Where available, the following should be obtained:
• a copy of the 999 tape;
• any ‘Headcam’ footage;
• medical reports; and
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• SOCO photographs of scene/victim.
999 tape
Assess the tape recording for its evidential value to the prosecution
recordings
case. The tape should be used in the suspect interview if it contains:
• evidence of distress, alarm or fear on behalf of the victim, caller or
other person present;
• allegations made against the defendant; or
• background noise of damage, violence or threats or anything else of
evidential value.
The following actions must be considered:
Stage
Description
1
ensure that the sections of the tape played during the
interview do not contain confidential information;
2
where the call has been made by a third party, particularly an
anonymous caller, careful consideration should be given as
to whether playing the tape during the interview may put the
caller at risk;
3
during the suspect interview invite the suspect to comment
on the accuracy of the call and identify the person(s) voices
on the tape;
4
the Short Descriptive Note (SDN) of the taped interview
should include a verbatim account of the defendant’s
response to the 999 tape.
The content of the 999 call need not be transcribed.
5
the MG3 (pre charge advice form) should include reference
to the 999 tape and whether it has been used in the
interview.
If the 999 tape hasn’t been used, then the reasons why
should be stated.
6
the pre charge advice lawyer will listen to the 999 tape in
considering the case.
Where the case is being considered by CPS Direct the 999
tape should be played down a phone line to the lawyer.
Headcam
If available this must be shown to the suspect in interview.
footage
The Short Descriptive Note (SDN) of the taped interview should
include a verbatim account of the defendant’s response to the
recording. The content need not be transcribed.
The MG3 (pre charge advice form) should include reference to the
recording and whether it has been used in the interview and if not the
reasons why.
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A description of the recordings content must be supplied to the CPS
lawyer before a charging decision is made.
Bad character Bad character evident must be prepared and put to the defendant in
evidence
respect of previous similar incidents where appropriate.
Hearsay
All hearsay evidence should be put to the suspect in interview as this
may subsequently be deemed admissible.
Special
Where appropriate special warnings should be given in accordance
warnings
with Criminal
Justice and Public Order Act 1994, Sections
36 and
37.
Risk assessment and previous domestic history and should be
attached to the file.
Counter
Police responding to domestic abuse incidents may be confronted with
allegations
sharply conflicting accounts of what has taken place, with each party
claiming to be the victim. Examine whether the victim may have used
justifiable force against the suspect in self-defence. The suspect may
make a false counter-allegation and/or both parties may exhibit some
injury and/or distress.
Counter allegations require you to conduct immediate further
investigation at the scene (or as soon as is practicable), to attempt to
establish the primary aggressor. Be aware that the primary aggressor
is not necessarily the person who was first to use force or threatening
behaviour.
When investigating counter allegations, you should note and record:
Step
Action
1
the comparative severity of any injuries inflicted by the
parties;
2
whether either party:
• has made threats to another party, child or another family
or household member;
• has a prior history of abuse or violence;
• has made previous counter-allegations; or
• acted defensively to protect him or herself or a third person
from injury.
Dual arrests
When investigating a counter-allegation, you should evaluate each
party’s complaint separately to determine whether there was a primary
aggressor. Avoid making dual arrests without conducting a full
investigation that seeks to identify the primary aggressor. When
counter allegations or a dual arrest have occurred, this should be
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recorded and the information included within the prosecution file.
The arrest of the primary aggressor does not prohibit you from
arresting both parties if there is evidence that both parties have
committed offences and you are unsure whether offences have been
committed in self-defence. Further investigations should determine
whether offences have been committed in self-defence and
appropriate action taken.
If more than one arrest is made, a separate domestic abuse incident
report should be completed for each victim, and each report should be
cross-referenced to the other. Depending on the severity of the
offence, arrests should not be made for acts which you have
reasonable cause to believe were committed in self-defence.
Harassment
The Protection from Harassment Act 1997 was introduced to address
harassment where conduct was such that it did not necessarily
constitute an offence under any existing legislation.
To prove offences under the PHA you should note the following:
Stage
Description
1
a compulsory component to prove the offence is showing a
course of conduct, which amounts to harassment (section 2)
or fear of violence (section 4) of another, which the
defendant knows, or ought to know, amounts to harassment
or fear of violence.
2
a course of conduct is conduct on at least two occasions
but this information could be provided by the witness(es) during
the first complaint.
There is no requirement for a previous warning by police to
have been given. It has to be shown that the person knows,
or ought to know, the effect of their behaviour on the victim.
If neither PHA nor other offences are made out in full but a
PHA warning is appropriate:
• the nature of the police warning and the provisions of the
PHA should be explained fully to the victim; and
• a record of the incident, providing details of the type of
conduct, location of any witness statement(s) and any
details of the police warning (including officers and times),
should be recorded on the Niche occurrence.
Submitting reports to CPS
Information
The table below lists the information required to assist the CPS in
required by
making a decision, you should provide:
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CPS
Step
Action
1
details as
above where the suspect declines to provide a
statement or wishes to withdraw a complaint;
2
a copy of the 999 tape;
3
a copy of any ‘Headcam; footage;
4
any medical reports;
5
any SOCO photographs;
6
copies of all risk assessments as confidential unused
material; and
7
the antecedent domestic abuse history as confidential
unused material.
Custody sergeant
Flagging
When a person is arrested for an offence that has occurred as a result
information
of a domestic abuse incident, this information should be flagged on
on custody
the:
record
• custody record at the time the person is booked into custody; and
• front of the custody record when it is printed off for the attention of
other custody staff.
Charging and
When charging and bailing a domestic abuse suspect the offender
bailing
must be bailed to the
next available Special Domestic Violence Court.
This option should be selected from the custody system drop down
menu of Courts and the appropriate bail date will be populated on to
the MG4. Similarly, the MG4 and accompanying documents must be
water marked with the legend ‘Domestic Violence’, Niche will provide a
tick box over the MG4 which when selected will automatically do this.
You must ensure that the investigating officer has gathered all relevant
evidence and interviewed the alleged offender prior to release from
custody.
Where bail is
If bail is appropriate the following conditions for DV cases must be
appropriate
considered. Unconditional bail will only be granted in exceptional
circumstances. Bail can be opposed, or conditions attached, in
accordance with Section 47 of the PACE Act 1984 and the Bail Act
1976.
Section 47(1A) allows bail conditions to be imposed when a person is
released without charge under Section 37(7)(a).
Bail conditions that should be considered:
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• not contacting the victim, either directly or indirectly;
• not going within a specified distance (at least half a mile is
recommended and specific street boundary will also be required by
the Court) of the victim’s home or workplace, or schools or other
places, the victim or victim’s children attend, such as shopping
areas, leisure or social facilities, child minders, family and friends;
• to live at a specified address, not that of the victim;
• to report to a named police station on specific days of the week at
specified times; and
• to obey curfews as applied.
Section 38
Section 38 of the Police and Criminal Evidence Act 1984 creates the
PACE
requirements which a custody officer must consider before deciding to
detain a person after charge. In all serious injury or repeat incidents,
you should take into account the safety of the victim, and any children,
before you decide to grant bail.
Always take account of an injunction or court order which does not
contain a power of arrest. Do not impose bail conditions which may
conflict with other existing orders. You should consider speaking to
the defendant's lawyer to establish if any orders exist.
If there is insufficient evidence to charge, it may be necessary to
release an alleged offender. If this is the case you must ensure that
the OIC is made aware prior to release so that protection can be
afforded to the victim and if within office hours the Safeguarding Unit is
made aware.
Cautions are rarely appropriate in domestic abuse cases, as usually
offences subject to the arrest are not the first offence and because the
nature of offences might constitute a breach of trust.
In all cases you must ensure that the victim has been fully
updated with the proposed course of action (release NFA, 47/3,
caution, charge and bail, charge and detain) before the suspect
leaves custody and any safety issues raised by the victim taken
full account of and mitigated.
Safeguarding Units
Local SGU
Each local authority area has a Safeguarding Unit (SGU) responsible
roles
for overseeing the management of all domestic abuse incidents within
the district.
Staff have the following roles to:
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Step
Action
1
liaise internally and externally to provide a multi-agency
approach to dealing with safeguarding issues;
2
to provide continuing support and a line of communication for
the police and other agencies;
3
monitor incidents/information and initiate appropriate
interventions;
4
establish and maintain appropriate contact with victims and
offenders. Undertake evidence gathering interviews of
Vulnerable Adults (ABE) and suspect interviews where
appropriate;
5
identify and address the training needs of divisional
personnel in relation to safeguarding issues;
6
monitor the implementation within division of both force and
divisional policies; and
7
monitor the response to Domestic Abuse, Hate Crime,
Vulnerable Adults, Honour Based Violence, Forced
Marriage, Missing Persons and Child Sexual Exploitation
and recommend actions to improve service delivery.
Niche
SGU staff will review Niche domestic abuse occurrences on a daily
domestic
basis, ensure that the risk assessment has been properly completed
abuse
and review its accuracy in the light of any additional information they
occurrences
may hold regarding the victim or abusers antecedent history.
In all cases the SGU staff will consider what actions are necessary to
protect the victim from further harm and will endorse the occurrence
with a specific, measurable, achievable, realistic and timely action plan
to achieve that.
Formal child
As a minimum and in all cases SGUs will
notify the district Child
protection
Social Care department of the details of all children who are members
referral
of households in which a domestic abuse incident occurs.
Where the following apply SGU staff will always make a formal child
protection
referral to that department:
Step
Action
1
when a child is used as a shield;
2
where the victim is pregnant;
3
where the victim is assessed as high risk through the DASH
risk assessment and there is a child in the household;
4
when a child is injured;
5
when a child has called the police;
6
when a case is referred to MARAC and children are
members of the household;
7
when it is the third incident of domestic violence in a 12
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month period;
8
where a child under 1 year of age is present in the
household; and
9
where professional judgement is that the child is otherwise at
risk of significant harm.
Safeguarding
In the cases of all referrals Children’s Social Care departments are
report option
required by the DCSF Guidance Working Together to Safeguard
on Niche
Children 2010 to notify agencies of the actions taken in respect of
referrals made by them (5.36). This response should be copied to the
Niche OEL report.
SGUs should seek to implement this notification and referral process
via secure e mail to specified mail box addresses using the
‘Safeguarding Report’ option on Niche.
In determining a victim’s Safety Plan, account will be taken of the level
of risk to the victim and the plan should be proportional to that risk,
focusing resources on those most at risk of harm.
Protecting the The following are some tactical options which may be considered to
victim
protect the victim:
No
Action
1
notification by letter of the assistance available and provision
of appropriate locally orientated literature re help available
from external bodies.
Letters may be accessed from the Word drop down menu
Crime/ CPPU Disclosure/169s.
2
disclosure of an offenders previous serious offending after
liaison with the area CPPU DI and application to the duty
Force ACPO officer.
There is no statutory framework for such disclosures but the
police’s duty of care may warrant such action;
3
a contact plan to ensure contact is maintained with the
victim, for example by contacting at work or providing a
mobile phone;
4
an escape plan should the victim need to flee at short notice;
5
installation of external sanctuary measures or an internal
safe room or arson prevention measures;
6
implementation in liaison with the NPT of Cocoon or Police
Watch schemes;
7
with the victim’s consent notify employers etc. of the risk to
the victim and details of the abuser;
8
the use of covert cameras or observations, for example in
harassment cases;
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9
number blocking on the victim’s phone;
10
provision of alarms;
11
provision of Refuge or re-housing;
12
assistance in the safe recovery of personal property from a
former home (e.g. passports etc);
13
referral on the basis of consent to third sector help groups
especially recognised IDVA services;
14
assistance in accessing civil remedies;
15
help in determining child contact arrangements;
16
anonymous registration for voting purposes;
17
concealment/changes to NI number; and
18
concealment of medical records.
Measures to
SGUs must also consider proactive measures to manage the potential
manage the
abuser.
abuser
These may include:
No
Action
1
trigger plans – for example pre prepared bad character
evidence or grounds for opposing bail;
2
briefings to response and NPT staff about at risk victims in
their areas;
3
flagging on Niche, e.g. as ‘of interest to’;
4
early arrest;
5
use of remands in custody and bail conditions;
6
use of ASBOs where appropriate;
7
Restraining Orders;
8
Violent Offender Orders;
9
Sexual Offences Prevention Orders/Risk Of Sexual Harm
Order;
10
ANPR to track a suspects vehicle movements (e.g. in
harassment cases);
11
licence enforcement;
12
bail enforcement;
13
offender management e.g. referral to Drug Intervention
Programmes;
14
referral to agencies e.g. male perpetrator groups where
available;
15
re-housing the offender may reduce risk to the victim; and
16
referral into the Multi Agency Public Protection
Arrangements and SORT processes;
Chapter 2
Victim withdraws complaint
Information
There are many reasons why a person may refuse to take forward a
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complaint against their partners. Domestic violence is unique as the
victim is often made to feel that the abuse is their fault.
The fact that a victim withdraws their complaint does not mean that
criminal proceedings against their assailant will be dropped. The
decision to prosecute lies with the Crown Prosecution Service and not
the victim, removing any responsibility from the victim.
In cases which involve assault, injury or the threat of injury between
spouses, both victim and offender are competent and compellable to
give evidence. The Crown Prosecution Service must be told of any
reluctance and the reason for it, if known.
Action
Where a victim indicates a wish to withdraw a complaint before the
required
suspect has been arrested or while they are still in custody before
charge the OIC should liaise with the district SGU and where possible
contact made with the victim by that Unit to establish the reason for
the victim’s reluctance and address any needs they may have.
If someone wishes to subsequently withdraw their complaint or amend
their statement the OIC must liaise with the Safeguarding Unit before
taking any further action. The Safeguarding Unit will assess the case
and give you guidance regarding what action to take.
SGUs will take the complaints decline to prosecute, retraction CJA
statement post charge.
If a retraction statement is taken, it should include:
Step
Action
1
details of the alleged crime and full reasons for wishing to
withdraw the complaint, i.e. why the victim does not want the
investigation/prosecution to continue;
2
confirmation that the original complaint/allegation was true;
3
details of any amendments to the original complaint;
4
how the victim feels a prosecution would impact on their life,
and their children if the case continues; and
5
that the victim is making the statement of their own free will,
i.e. they have not been put under pressure to withdraw their
complaint and whether the victim has been put under any
duress, either by the defendant or any other family member.
Report to CPS If a complaints decline to prosecute CJA is obtained a report to the
CPS must be submitted including:
Step
Action
1
your views on the how the case should proceed;
2
details of all DASH risk assessments which have been
conducted throughout the enquiry, including any other follow
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- up risk assessments, which have been conducted as the
result of the victim wishing to withdraw the complaint;
3
how the victim may react to being compelled to give
evidence;
4
the safety of the victim and any children;
5
who the victim has discussed the case with, particularly
anyone who has advised them (e.g. defence solicitor) and
whether any civil proceedings have been, or are likely to be
instigated; and
6
a revised DASH risk assessment must be conducted if there
is any withdrawal of support for a prosecution. This must be
recorded on Niche
Chapter 3
Multi Agency Risk Assessment Conference
(MARAC)
Introduction
Each of the West Yorkshire Districts operates a Multi Agency Risk
Assessment Conference (MARAC) process which is underpinned by
local agreements.
These meetings will be attended by a supervisor from the district’s
SGU who will be responsible for supplying information to the meeting
and initiating police actions in respect of cases discussed at it.
Assessed as
Where a victim is assessed as being high risk under the DASH
high risk
assessment model there will be a presumption that the case will be
referred to MARAC. A decision not to refer must be endorsed on the
occurrence report.
Where a referral is made a Niche ‘Domestic MARAC Referral’
occurrence will be created by the SGU. The SGU will request Force
Intelligence to create:
• ‘Notify if’;
• ‘Involved MARAC Offender’; and
• ‘Involved MARAC Victim’
flags for the abuser and victim respectively which will remain active for
a period of 12 months. These will generate a notification to the owning
SGU when those nominals come to notice.
Chapter 4
Integrated domestic abuse and safer
relationship programme notifications
Newly
The Probation Service will supply Force Intelligence with details of
convicted
newly convicted offenders who are currently subject to an Integrated
offenders
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Domestic Abuse (IDAP) or a Safer Relationships Activity (SRA)
sentence.
They will create a flag ‘Notify If’ ‘Involved in Integrated Abuse
Programme’ for all such offenders which will generate notifications to
the owning SGU whenever those nominals come to notice.
The SGU will evaluate the information and if appropriate email details
using the ‘Safeguarding Report’ option on Niche to the Probation
mailboxes
Chapter 5
Court orders
Introduction
The Civil Law can be used to protect a victim of domestic abuse. It
does not replace the criminal law and an application for a civil
injunction by a victim does not remove the need for action by the
police.
If anyone wishes to find out more information they should contact a
local solicitor specialising in family law. Many solicitors offer a free
half hour for the initial consultation and many people will be eligible for
Legal Aid.
Court orders
The
Family Law Act 1996 gives Magistrates and County Courts the
power to issue orders to protect the applicant and any children from
the respondent:
• non-molestation orders; and
• occupation orders.
Breach of a non-molestation order constitutes a criminal offence and
therefore is arrestable. An occupation order may be issued either with
or without a power of arrest and therefore the order would need to be
checked via Niche prior to action being taken against the offender.
In some circumstances the court may issue the order ex-parte. These
are emergency applications and the respondent is not normally
present at the application hearing.
The order has to be served on
the respondent before it becomes enforceable.
If a person breaches an injunction or court order, you should refer to
the
relevant guideline.
Breach of non From 1 July 2007 a breach of a non molestation order issued under
molestation
the Family Law Act became a criminal offence. While there are
order
several types of civil order and injunction this is the most commonly
used civil order for domestic abuse cases.
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It is vital not to confuse
Non Molestation Orders with
Restraining
Orders.
Order
Criminal offence made
Breaches are contrary
in the
to
Non
Civil Courts at the request Sec 42 A (1) and 5 of the
molestation
of a private applicant
Family Law Act 1996.
Restraining • Magistrates Court; or
Section 5 (5) and 6 of the
• Crown Courts
Protection from
at the conclusion of
Harassment Act 1997.
criminal hearings, either
conviction or acquittal.
Officers must not confuse the two when formulating charges.
Orders are entered on PNC and this will indicate if the suspect is
subject to a Restraining or a Non Molestation Order and original
Orders are scanned on to Niche and clearly indicate the type of
Order made.
Role of help
An order may be delivered to you (normally by hand) by the person
desk staff
employed to serve the papers on the respondent. You must confirm
that the order has been served on the respondent before accepting it.
Note: You should ensure there is sufficient information in the order to
satisfactorily identify the respondent. If there is insufficient
information, e.g. no date of birth, reasonable enquiries must be made
at the time, with the assistance of the serving agent, before you accept
the order. You should not accept an order which has insufficient
information.
If you accept an order, you should:
Step
Action
1
stamp the order with the divisional stamp dedicated for this
purpose;
2
request the person delivering the order to complete the
sections on:
• name of respondent;
• time, date and location where the papers were served; and
• sign the section relevant to them;
3
sign the section relevant to help desk staff stating the time
and date you received the document;
4
create an occurrence on Niche and attach the order as a
scanned document; and
5
task PNC Cell with inputting details onto PNC; and file
locally.
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Domestic abuse
Policy administration
Document
The table below lists the details relating to this document.
information
Item
Details
Document Title
Domestic abuse
Owner
Local Policing Support
Author / Reviewer
Date of last review
13/06/2011
Date of next review
12/06/2013
Equality Impact Assessment
Enter: Yes / No
Completed:
relevance test
Yes
Full Equality Impact
Enter: Yes / No / Not relevant
Completed:
Assessment
No
Compliant with Human
Enter: Yes / No
Rights Act 1998
Yes
Revision
The table below details revision information relating to this document.
information
Topic Title
Date of last update
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