Multi-Agency Guidance (Nn Plice) Dmestic Vilence prtectin Ntices Dmestic Vilence Prtectin Orders Sectins 24-33 crime and security Act 2010 Cntents: Page Intrductin 2 Multi-Agency Engagement 2 Criteria 3 Definitins 3 Applicatin t Authrising Officer 3 Dmestic Vilence Prtectin Ntice Authrised 4 Ntice f hearing 4 Breach f a Dmestic Vilence Prtectin Ntice 5 Curt hearing 5 Dmestic Vilence Prtectin Order Granted 6 Dmestic Vilence Prtectin rder Nt Granted 6 Breach f Dmestic Vilence Prtectin Order 7 Full Multi-Agency Engagement 7 Clse f Enquiry/DVPO Ends 7 1 P a g e
Multi-Agency Guidance (Nn Plice) Dmestic Vilence Prtectin Ntices (DVPNs) Dmestic Vilence Prtectin Orders (DVPOs) (Sectins 24-33 Crime and Security Act 2010) Intrductin DVPNs and DVPOs were pilted in the plicing areas f Greater Manchester, West Mercia and Wiltshire and are nw being rlled ut natinally. They will cmmence is Sussex 12 June 2014. A DVPO is a civil rder which is heard in the Magistrates Curt. Prir t June 2014 there has been n readily available, cnsistent, affrdable and timely access t civil curt rders in the immediate aftermath f a dmestic vilence incident and therefre a gap existed between hw the criminal justice system and civil law prcesses interacted t prvide immediate safety and a seamless service t victims at n-ging risk f vilence. Dmestic Vilence Prtectin Ntices and Orders are aimed at perpetratrs wh present an n-ging risk f vilence t the victim and/r assciated persns, with the bjective f securing a c-rdinated apprach acrss agencies fr the prtectin f victims and the management f perpetratrs. This prcess builds n existing prcedures and bridges the previus prtective gap, prviding immediate emergency prtectin fr the victim and allwing them the prtected space t explre the ptins available t them and make infrmed decisins regarding their safety. The DVPN / DVPO prcess des nt aim t replace the Criminal Justice system in respect f charge and bail f a perpetratr. A DVPN will be issued in circumstances where n enfrceable restrictins can be placed upn the perpetratr Sussex Plice will give cnsideratin t identificatin and prsecutin fr substantive criminal ffences. If CPS advice is t charge fr a dmestic vilence/abuse related ffence then a DVPN may nt be necessary r prprtinate where there is a remand in custdy (RIC) r when strict bail cnditins in place. MULTI-AGENCY ENGAGEMENT Althugh the pwer t issue a DVPN and subsequent applicatin fr a DVPO lies with the plice and ultimately the Criminal Justice Service (CJS), the success f any such prcess will be reliant n the partnership wrk with ther agencies and rganisatins including thse: That cntribute t Multi-Agency Risk Assessment Cnferences (MARACs) Service prviders fr Independent Dmestic Vilence Advcates (IDVAs) Engagement f these agencies with the victim, at the earliest pprtunity, is crucial t the success f the DVPN/ DVPO prcess. In cases where nn Plice agencies becme aware f an incident f dmestic abuse the matter may be reprted t Sussex Plice as fllws: An incident f dmestic abuse that requires an urgent respnse cntact 999 An incident which is f cncern, but nt urgent, r where it appears a DVPN may assist, the relevant Adult Prtectin Team (APT) f Sussex Plice shuld be cntacted. Sussex Plice will cnsider will cnsider a DVPN as part f the investigative prcess 2 P a g e
Criteria Alleged perpetratr is 18 + and Vilence has been used r threatened n this ccasin twards the victim and/r an assciated persn and A DVPN is necessary t prtect the victim and/r assciated persn frm the vilence r threat f vilence by the alleged perpetratr Definitins Victim (V) The persn fr whm the Ntice r rder is aimed at prviding prtectin Alleged Perpetratr (P) must be aged 18 + Authrising Officer (AO) a member f Sussex Plice nt belw the rank f Superintendent Assciated Persn (AP) an assciated persn means a persn wh is assciated with the alleged perpetratr within the meaning f sectin 62 f the Family Law Act 1996. In summary this includes: they are married r have been married they are chabitants r frmer chabitants they live r have lived in the same husehld, therwise than merely by reasn f ne f them being the ther s emplyee, tenant, ldger r barder they are relatives they have agreed t marry ne anther (whether r nt that agreement has been terminated) in relatin t any child, they are either a parent r have parental respnsibility fr a child. This will als include civil partners, peple wh have entered int a civil partnership agreement and peple wh have r have had an intimate persnal relatinship with each ther, which is r was f a significant duratin. Applicatin t Authrising Officer (AO) A DVPN can nly be issued by a plice fficer f the rank f Superintendent r abve. Althugh a DVPN / DVPO des nt require the cnsent f the victim, all evidence /infrmatin available at the time will supprt the subsequent cnsideratin by the Superintendent and als the Magistrate s Curt. In all dmestic abuse cases Sussex Plice shuld cnsider all the circumstances as a whle including previus calls t the address, the presence and welfare f children, ther witness accunts and any ther available intelligence held by ther agencies. It is imperative t the success f the DVPN / DVPO prcess that this 3 P a g e
investigatin is cnducted at the earliest pprtunity as it will frm part f the infrmatin given t the AO. In the cntext f this guidance, a child is any persn under the age f 18 years. Sussex Plice have a duty t safeguard and prmte the welfare f children when exercising their functins; in all investigatins the principle that the welfare f the child is paramunt shuld be bserved. The presence f children is particularly imprtant as the AO must cnsider the welfare f any persn under the age f 18 whse interests the fficer cnsiders relevant t the issuing f the DVPN (whether r nt that persn is an AP) Nthing shuld alter the existing arrangements fr risk identificatin (DASH). A DASH risk assessment shuld frm part f the infrmatin that is prvided t the Superintendent upn seeking apprval fr the issue f a DVPN. Nthing regarding the implementatin shuld change the prcess f referrals t MARAC. Dmestic Vilence Prtectin Ntice (DVPN) Authrised A DVPN is the initial ntice f immediate emergency prtectin that is issued by Sussex Plice. The DVPN will include: The grunds n which it has been issued That a cnstable may arrest P withut warrant if the cnstable has reasnable grunds fr believing that P is in breach f the DVPN That an applicatin fr a dmestic vilence prtectin rder under sectin 27 will be heard within 48 hurs f the time f service f the DVPN and a ntice f the hearing will be given t P, The Ntice f the Hearing will act as the summns fr this purpse and given t P under sectin 27(5) f the Crime and Security Act 2010 That the DVPN cntinues in effect until that applicatin has been determined The prvisin that a magistrates curt may include in a DVPO A DVPN must be in writing and must be served n P persnally by a cnstable, n serving P with a DVPN, the cnstable must ask P fr an address fr the purpses f being given the ntice f the hearing f the applicatin fr the DVPO. Ntice f the Hearing The Ntice f the Hearing acts as a summns, fr the purpses f the applicatin, fr the DVPO t be heard at Magistrates Curt, within 48 hurs f the DVPN being served (excluding Sundays and Bank Hlidays). This is a requirement f Sectin 27 (5) Crime and Security Act 2010. The Ntice f the Hearing must be given t P in all cases and is separate t the DVPN. During the perid f the DVPN (up t 48 hurs) Sussex Plice and the will liaise and carry ut the fllwing: 4 P a g e
Sussex Plice Supply P with DVPN/O explanatry leaflet Ntify victim f ntice Prvide victim and r assciated persns with DVPN/O explanatry leaflet Prvide victim with basic safety advice Prvide victim and r assciated persns with IDVA service cntact details Prvide IDVA service with Safe cntact details fr V and/r AP Prvide IDVA service with cmpleted DASH fr V and/r AP APT will send cpies f the DVPN t: /DV specialist service (as agreed in lcal area) Children s Scial Care (where applicable Adult s Scial Care (where applicable Prbatin Husing Department f Lcal Authrity Place relevant markers n plice systems Make cntact with victim and/r assciated persns (ideally befre date/time f curt hearing) Establish if victim is supprtive f the DVPN/O Establish victims intentins relating t curt Breach f a DVPN A cnstable may arrest P withut warrant if the cnstable has reasnable grunds fr believing that P is in breach f the DVPN. This will nly prvide a pwer f arrest and a duty t remand in custdy t enable P t be brught befre the Magistrates Curt which will hear the applicatin fr the DVPO within 24 hurs frm the time f arrest. Curt Hearing At the time f the curt hearing Sussex Plice will liaise with the and carry ut the fllwing: Sussex Plice Cmplete histry marker n STORM ( this will shuld already be in place frm DVPN) Cmplete flag n perpetratr n NICHE Cmplete PNC infrmatin marker Agree lead fr victim, this will usually be: where victim has been successfully engaged Sussex Plice where victim is nt engaged Attend curt where pssible cases will be heard in Brightn & Crawley Remand Curts Supprt victim arund curt prcess 5 P a g e
Cmplete safety plan with victim where victims is engaged, reprting t Sussex Plice APT in cases where risk is increased. Arrange n-ging cntact with victim Dmestic Vilence Prtectin Order (DVPO) Granted A DVPO is an rder made by the Magistrates Curt after a DVPN has been issued. The prtective cnditins available t the Magistrates Curt are the same as thse available t the AO. A DVPO may be in frce fr between 14-28 days, beginning n the date it is made by the Magistrates Curt. Sussex Plice will Infrm the victim that a DVPO has been granted Send a cpy f the rder t the fllwing agencies: Children s Scial care (where applicable) Adult s Scial Care (where applicable) Prbatin Husing Department f relevant Lcal Authrity During this 14 28 day perid Sussex Plice and will liaise regularly and have a regular cntact pint n a weekly basis t: Review and cnfirm lead agency/persn fr victim Review the cmbined safety plan Review the exit strategy The lead agency will hld the master cpy f the cmbined safety plan Dmestic Vilence Prtectin rder Nt Granted If the decisin is made by the Magistrate s Curt NOT t grant a DVPO, the DVPN will cease t be in effect. It is imperative that the fllwing actin is taken by Sussex Plice as sn as practicable: The victim must be infrmed f the fact that a DVPO has nt been granted and that the prhibitins cntained within the DVPN n lnger apply The fllwing agencies must be infrmed Children s Scial care (where applicable) Adult s Scial Care (where applicable) Any ther agencies that have been identified as relevant The risk assessment must nw be re-assessed and apprpriate actin taken DVPN remved frm Plice Natinal Cmputer (PNC) 6 P a g e
Breach f a DVPO A breach f a DVPO will be a Civil Cntempt f Curt, treated as a breach f a Civil Order under Sectin 63 f the Magistrates Curt Act 1980. Sectin 57 (a) f the Magistrates and Curt Act allws fr the transfer f civil prceedings. This means that it is a breach f a civil rder and nt a criminal matter. The Magistrates Curt hears bth civil and criminal matters. Sectin 28(9) CSA 2010 prvides the pwer fr a cnstable t arrest withut a warrant if the cnstable has reasnable grunds fr believing that P is in breach f the DVPO. There is n pwer f entry t arrest P fr a breach f a DVPO. Therefre, fficers will have t be reliant upn ther pwers f entry such as sectin 17 PACE (save life r limb) r pwer t enter t prevent a breach f the peace. Full Multi-Agency Engagement The n-ging management f DVPO cases shuld include a multi-agency apprach which will include Sussex Plice and IDVA service and may als include, Adult s Scial Care, CAFASS, Children s Scial care, Educatin, Health,, Husing, Prbatin, Prisn, Refuge, Outreach, Registered Scial Landlrds and Victim Supprt. This list is nt exhaustive and the agencies invlved will depend n the individual circumstances f each case. Any DVPO invlving children at the premises shuld result in a referral t Children s Services as per lcal prcedures. The initial referral will usually be made by Sussex Plice (if they identify the need fr a DVPN/O) and any further risks r relevant infrmatin identified by any agency shuld be flagged with Children s Services as per their Safeguarding plicy and prcedure. Clse f Enquiry / DVPO ends Nthing is required t end a DVPO; at the expiry date it will simply lapse. Sussex Plice must hwever ensure that nce a DVPO has lapsed the relevant reprt/marker n PNC is remved. The exit strategy having been agreed at the weekly cntact pint between Sussex Plice and the. 7 P a g e