ACT Family Violence Intervention Program

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ACT Family Violence Intervention Program

• AFP DPP
• Commitment Collaboration

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Family Violence Intervention Program

• Background
• Many years of community lobbying about family
  violence
• External criticisms of the criminal justice
  response
• Not treated seriously
• Low charge conviction rates
• Lack of coordination between criminal justice
  agencies
• Victim safety/offender accountability not
  consistently addressed
• Victim ambivalence effect on prosecution
• Length of time to court court delays
• Sentencing options ineffective
• Victim history information lacking

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Family Violence Intervention Program

• Criminal Justice Agency Difficulties
• Ambivalent /reluctant victim
• Lack of timely, relevant and accurate information
• Inconsistency lack of clarity in system
  response
• Frustration
• Feedback vacuum
• Discordant / fragmented system

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Family Violence Intervention Program

• Coordinated community and criminal justice
  response to FV, commenced 1998
• Interagency
• AFP
• DPP
• Department of Justice and Community Safety
• ACT Magistrates Court
• DVCS
• Relationships Australia
• Legal Aid Office (ACT)
• Department of Youth, Education Family Services

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Family Violence Intervention Program

• Aims of the Interagency Policy Framework
• Work cooperatively together
• Improve victim safety
• Provide opportunities for offender accountability
  and rehabilitation
• Continual improvement

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Family Violence Intervention Program

• FVIP Phase I 1998-99
• Independent Evaluation (Keys Young) re Police
• Inconsistent data collection
• Inconsistent police responses to FV
• Lack of training
• Lack of monitoring

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Family Violence Intervention Program

• Keys Young re DPP (victim viewpoint)
• Insufficient notice of the court date
• Insufficient time to prepare a victim impact
  statement
• Not enough time to meet with the prosecutor
  before the hearing or sentencing, feeling
  unprepared as a result
• Problems with the DPP (Police viewpoint)
• Insufficient feedback
• Not being notified of changes to charges or NETOs

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Family Violence Intervention Program

• FVIP Phase II 1999-2001
• Overall Objectives
• Identify best practice in policing and
  prosecution of FV
• Consolidate consistently apply BP in between
  FVIP agencies
• Improve adherence to Victims of Crime Act
• Independent evaluation

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Family Violence Intervention Program

• AFP Specialist Positions
• AFP FV Program Manager
• Represents ACT Policing at Executive Policy
  level
• AFP FV Project Officer
• External Liaison
• Monitoring troubleshooting
• Training guidance
• Victim Liaison Officers

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Family Violence Intervention Program

• The AFP Commitment
• Consistently apply a Pro-arrest, Pro-Charge
  Presumption Against Bail procedure in FV
• Improve investigative practice, evidence
  gathering briefs of evidence
• Utilise new technology
• Enhance recording of FV on PROMIS
• Improve victim follow-up, satisfaction reduce
  reliance on victim

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Family Violence Intervention Program

• PRO-CHARGE
• Means that where the available evidence discloses
  an offence, criminal charges should be laid, and
  should include the full range of offences for
  which evidence is available. This should be an
  evidence-based decision and should not be
  influenced by the wishes of the victim.

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Family Violence Intervention Program

• PRO-ARREST
• Means that arrest is the preferred option for
  putting the alleged offender before the Court
  when the officer has made the decision to charge.
• The decision to arrest always remains at the
  officers discretion and should be made in
  consideration of legislative powers, victim
  safety and provision of opportunities for
  offender accountability and rehabilitation

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Family Violence Intervention Program

• PRESUMPTION AGAINST BAIL
• The Presumption Against Bail refers to
  Watchhouse Bail. The Watchhouse sergeant needs
  to be satisfied there is no danger to the victim.
• When the matter reaches court there is a
  presumption in favour of bail.

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Family Violence Intervention Program

• DPP Specialist Positions
• Family Violence Prosecutors
• Witness Assistant
• Designated contact point for victims of FV
• Provides information re court process
• Referral to other support services

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Family Violence Intervention Program

• DPP Overall Commitment
• Best Practice Guideline for FV
• Prosecutions
• Direct liaison with AFP informants
• on a regular basis
• Representations
• Change of charge(s) NETOs
• Review of trends issues re FV investigations
  prosecutions
• Thorough investigation of victim requests for
  withdrawal

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Family Violence Intervention Program

• IMPROVING INVESTIGATIVE PROSECUTION
  PRACTICES...
• TRAINING
• Comprehensive 3 day program developed
• Co-hosted by AFP and ODPP
• All new recruits
• All in-service personnel (sworn)
• FVIP agencies (all prosecutors / induction)
• Australian Crime Violence Prevention Award
  (2002)

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Family Violence Intervention Program

• TRAINING
• Dynamics of Abusive Relationships
• Role of Victim Advocacy Working with Victims
• Legislative Framework of FV
• Use of Arrest in FV Matters the pro-charge,
  pro-arrest, presumption against bail model
• Evidence Collection Brief Preparation
• Police Powers refresher including search, entry,
  beach of peace

• Protection Orders
• Self Defence
• Children Young People Legislation
• Stalking
• FV Report Writing
• Tape recording Admissions Confessions
• Perpetrator Education Program
• Strangulation
• Oppositions to Bail

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Family Violence Intervention Program

• TOWARDS SUCCESSFUL PROSECUTION
• Taped records of conversation at the scene
• Use of Communications tapes 000 or otherwise
• In-situ and follow-up photographs
• Witnesses
• Hearsay / relationship evidence

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Family Violence Intervention Program

• IMPROVED FV RECORDING PRACTICES
• Police case write-offs are
• monitored to ensure consistent
• appropriate information is
• recorded
• Standardised case write-off
• format
• Use of ALERTS system

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Family Violence Intervention Program

• IMPROVED RECORDING PRACTICES
• Data Collection
• Unparalleled in Australia
• Comprehensive recording
• and analysis of FV matters
• and police response

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Family Violence Intervention Program

• Phase II Achievements
• Statistical improvements re positive action
  (DPP AFP)
• Increased officer confidence in knowledge of
  legislation, procedures specialised personnel
• Significant increase in quality depth of
  investigative practice brief preparation
• Reduction in no. of cases withdrawn due to victim
  reluctance

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Family Violence Intervention Program

• WRAP UP SERVICE TO VICTIMS
• AFP Victim Liaison Officer contacts all victims
• DPP Witness Assistant liaises with victims re
  court matters
• AFP/DVCS MOU and on-going liaison
• DVCS provides information for Bail (esp. Bail
  Oppositions) to DPP/AFP
• Case Tracking

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Family Violence Intervention Program

• WRAP UP AFP /DPP Liaison
• AFP FV Project Officer ODPP FV Prosecutors meet
  on a regular basis
• Systemic issues improvement
• Assessment management of problematic cases
• AFP FV Project Officer ODPP FV Prosecutors
  co-deliver the training program
• ODPP FV Prosecutors provide feedback to Police
  on all FV matters

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Family Violence Intervention Program

• SO HOW DOES IT WORK???
• THE CASES

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Family Violence Intervention Program

• Contact Details
• Susan EGGERS
• Family Violence Project Officer
• AFP
• Phone [phone]
• Email susan.eggers_at_afp.gov.au
• John Lundy Louise Taylor
• Family Violence Prosecutors
• DPP
• Email john.lundy_at_act.gov.au
• louise.taylor_at_act.gov.au