Tackling Domestic Abuse
Policy & Procedure
Greater Manchester Police
June 2014
POLICY & PROCEDURE IMPLEMENTED: August 2013
REVIEW DATE: August 2014
POLICY & PROCEDURE OWNER: Safeguarding Vulnerable Persons Unit, Public
Protection Division
APPROVED BY: Branch Commander – Public Protection Division
PROTECTIVE MARKING: RESTRICTED
IS THE POLICY & PROCEDURE?
New
Revised
IF REVISED, PLEASE COMPLETE TABLE BELOW
VERSION NO
DATE
SUMMARY OF CHANGES
0.10
26/04/10
0.11
8/11/12
0.12
20/11/12
0.13
07/12/12
0.14
21/03/13
0.15
01/08/13
Second paragraph added to 5.13
0.16
26/06/14
Ammendment to section 5.18
Original policy
Content reduced, updated and put into
corporate template as part of Force wide
policy review.
Paragraph added to 8.5 on investigative
bail.
CPS/ACPO Evidence Checklist added as
Appendix M
New definition of Domestic Abuse –
procedures changed accordingly
AUTHOR(S)
Sgt Nita JhanjiGarrod
Sgt Nita JhanjiGarrod
Sgt Nita JhanjiGarrod
Sgt Nita JhanjiGarrod
DS Jane Williams
Sgt Nita JhanjiGarrod
Sgt Nita JhanjiGarrod and
Louise Hussain
Table of Contents
1.
Policy Statement..................................................................................................1
1.1
Aims ....................................................................................................................1
2.
Scope ..................................................................................................................1
3.
Roles & Responsibilities ......................................................................................2
3.1
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
3.18
3.19
Superintendent Public Protection Division- Safeguarding Vulnerable Persons
Unit ......................................................................................................................2
Force Domestic Abuse Champion- Public Protection Division- Safeguarding
Vulnerable Persons Unit ......................................................................................2
Sergeant- Public Protection Division- Safeguarding Vulnerable Persons Unit ...... 3
Divisional Commanders .......................................................................................3
Operational Communications Branch ..................................................................3
Call Handlers .......................................................................................................3
Radio Operator ....................................................................................................4
OCB Supervisors .................................................................................................5
Public Enquiry Counter ........................................................................................6
Investigating Officer .............................................................................................6
Sergeant ..............................................................................................................7
Inspector..............................................................................................................8
Domestic Abuse Investigator ...............................................................................8
Domestic Abuse Sergeant .................................................................................10
Detective Inspector-Divisional Public Protection Investigation Unit (PPIU)......... 11
Divisional Crimes Operations Unit - Detective Chief Inspector ........................... 11
Divisional Crimes Operations Unit-Detective Constable..................................... 12
Missing from Home (MFH) SPOCS ...................................................................12
Custody Officer .................................................................................................12
4.
Terms and Definitions ........................................................................................13
5.
Procedure ..........................................................................................................14
3.2
5.1
5.2
Domestic abuse investigation guide...................................................................14
Domestic Abuse, Stalking and Harassment and Honour Based Violence (DASH
2009) Risk Model ...............................................................................................14
5.3
First Account .....................................................................................................15
5.4
Witness Statement ............................................................................................15
5.5
Victim and witness statements and interviews ...................................................16
5.5.1
Children Witnessed Incidents .....................................................................16
5.5.2
Interviewing Children prior to video interview ............................................. 17
5.6
Officers statement .............................................................................................17
5.7
Crime Reporting ................................................................................................17
5.8
Victim focus – contacting the victim after an incident. Public Protection
Investigation Units .............................................................................................17
5.9
Dealing with Perpetrators- Public Protection Investigation Units ........................ 18
5.10
Suspect Interviewing..........................................................................................19
5.10.1 Evidence of Bad Character (EBC) ..............................................................19
5.11
5.12
5.13
Case Handling Issues ........................................................................................20
Witness Care Units (WCUS) ..............................................................................21
Withdrawal of Victim’s Complaint .......................................................................21
5.13.1 Investigating officer PPIU ...........................................................................21
5.14
OPUS, Force Intelligence System and Sanitising Information ............................ 22
5.14.1 Investigating Officer/PPIU ..........................................................................23
5.14.2 Intelligence Evaluators (OPU) ....................................................................23
5.14.3 Divisional Intelligence Unit .........................................................................24
5.15
Non Incident based Information .........................................................................24
5.16
Children, vulnerable adults and Child Abuse markers ........................................ 24
5.16.1 Children present .........................................................................................25
5.16.2 Children not present ...................................................................................25
5.16.3 Child abuse marker ....................................................................................25
5.17
Assisting with recovery of property for the suspect or victim .............................. 26
5.17.1 Suspect request for property recovery........................................................26
5.17.2 Victim property recovery.............................................................................26
5.18
Domestic Abuse Markers ...................................................................................27
5.19
Counter-allegations ...........................................................................................27
5.20
Dual Arrests .......................................................................................................27
6.
Associated Documents ......................................................................................28
7.
Consultation & Statutory Compliance ................................................................29
7.1
7.2
Consultation ......................................................................................................29
Statutory Compliance ........................................................................................29
7.2.1
Data Protection Act (1998) .........................................................................29
7.2.2
Freedom of Information Act (2000) .............................................................29
7.2.3
Equality Act 2010 .......................................................................................30
8.
Appendices ........................................................................................................31
8.1
8.2
8.3
8.4
8.5
8.6
8.7
8.8
8.9
Appendix A - Definitions ....................................................................................31
Appendix B - Legislation ....................................................................................33
Appendix C - Positive Action..............................................................................35
Appendix D - Issues to be considered in all cases ............................................. 36
Appendix E - Liaising with CPS in relation to charging ....................................... 42
Appendix F - Cross Divisional and Border Issues .............................................. 42
Appendix G – Re-grading of domestic abuse incidents ...................................... 43
Appendix H- Force-wide Incident Number (FWIN) Closure ................................ 44
Appendix I- Domestic Abuse, Stalking and Harassment and Honour Based
Violence (DASH 2009) Risk Model ....................................................................45
Appendix J- Risk Assessment for Stalking and Harassment Cases ................... 51
Appendix K - Domestic abuse involving GMP officers, special constables and
police staff .........................................................................................................51
Appendix L – Domestic Abuse referrals .............................................................55
Appendix M – Joint CPS and ACPO Evidence Checklist ................................... 56
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8.11
8.12
8.13
[PS Nita Jhanji-Garrod]
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Tackling Domestic Abuse Policy & Procedure
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Policy Statement
Greater Manchester is made up of many diverse communities and domestic abuse is
a crime that happens in all communities. GMP is committed to developing responses
that keep people safe and hold perpetrators to account without stereotyping,
stigmatising or making assumptions about any given individual or community.
Greater Manchester Police is committed to protecting victims of domestic abuse and,
in many cases, arresting the abuser is the most proportionate response.
The Human Rights Act 1998 includes positive obligations on police officers to take
reasonable action, which is within their powers, to safeguard the rights of victims
and children. The new definition of domestic violence treats people aged 16 and
over as adults, and GMP has revised its processes accordingly. The Force will
continue, however, to deal with any forced marriage or ‘honour’-based violence
incident as a child protection matter if it involves people under the age of 18.
The requirement for positive action in domestic abuse cases incurs obligations at
every stage of the police response. These obligations extend from initial deployment
to the response of the first officer on the scene, through the whole process of
investigation and the protection and care of victims and children.
Research shows that it is at the point when the victim seeks help and support, or
leaves the abuser, that they are at greatest risk of further abuse and death.
1.1
Aims
The purpose of this policy is to ensure that, by dealing with victims of domestic abuse
effectively and by conducting thorough risk assessment processes with victims, we
endeavour to reduce the likelihood of future harm, including homicide, serious injury
and acts of violence by providing guidance to all officers and police staff in the
identification of cases and the level of risk they present. GMP aims to:
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investigate all reports effectively, to bring offenders to justice and hold
them accountable for their actions;
adopt a proactive multi-agency approach in order to prevent and reduce
domestic abuse;
develop responses that keep people safe and hold perpetrators to account
without stereotyping, stigmatising or making assumptions about any given
individual or community; and
give victims the confidence to report incidents and keep them safe from
further risk of harm.
Scope
This document applies to all police officers and members of police staff dealing with
incidents of domestic abuse.
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3.
Roles & Responsibilities
3.1
Superintendent Public Protection Division- Safeguarding
Vulnerable Persons Unit
Maintain ownership of this policy and have responsibility for the strategic direction of
Domestic Abuse. You have the responsibility to:
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Advise Chief Officers;
Provide strategic leadership and direction to the Force;
Provide a specialist source of advice and guidance to divisions;
Review Force performance;
Share good practice throughout the Force;
Continuous engagement with communities at a strategic level, e.g. Strategic
Independent Advisory Groups, Support Groups;
Maintain and review Force policy;
Ensure officers and staff have relevant training in dealing with incidents;
Put in place structures and mechanisms in order to ensure effective
engagement and multi agency approach in dealing with cases;
Monitor and disseminate ongoing development in the area of domestic abuse;
Quality assure all incidents involving GMP officers or staff;
Share concerns with relevant child support and partner agencies;
Monitor those cases which continue to cause concern, either because of
continual non-criminal domestic abuse or alleged criminal offences, that the
CPS decide not to prosecute or discontinue;
Bring relevant concerns to the attention of the individual’s senior management
team or HR head; and
Maintain confidentiality and secure access to all information relating to police
officers, special constables and members of police staff regarding domestic
violence.
Force Domestic Abuse Champion- Public Protection DivisionSafeguarding Vulnerable Persons Unit
You must carry out the following responsibilities:
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Maintain Force policy and review annually;
Monitor effectiveness of Force policy;
Share good practice throughout the Force;
Deliver training throughout the Force and to partners where appropriate;
Provide policy guidance to divisional Public Protection Investigation Units and
other staff;
Ensure multi agency approach is maintained when dealing with incidents;
Quality assure response to domestic abuse across the Force;
Monitor and disseminate ongoing development in the area of domestic abuse
from a national level;
Maintain community engagement and consultation with community members;
Review Force performance and collate statistics on behalf of the Force;
Monitor compliance with policy and NCRS;
Provide a strategic point of reference for statutory and voluntary agencies and
CDRP partnerships;
[PS Nita Jhanji-Garrod]
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3.3
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Encourage and promote Force wide initiatives;
Manage media strategy relating to domestic violence and abuse;
Monitor the content of training programmes and develop improvements in
delivery;
Conduct internal investigations where appropriate;
Define information sharing protocols; and
Attend welfare sessions as directed.
Sergeant- Public Protection Division- Safeguarding Vulnerable
Persons Unit
You must:
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3.4
Share good practice throughout Force;
Maintain and review Force policy;
Deliver training throughout the Force and to partners where appropriate;
Support staff with investigations by giving advice and guidance;
Ensure multi agency approach is maintained when dealing with incidents;
Monitor and disseminate ongoing development in the area of domestic
abuse from a national level;
Maintain engagement with community members via networks and IAGs;
Disseminate ongoing development in the area of domestic abuse; and
Monitor effectiveness of Force policy.
Divisional Commanders
Have responsibility for:
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3.5
Promoting the reporting of domestic abuse incidents;
Ensuring that MARACS are effectively managed;
Ensuring thorough investigation and prosecution of such incidents across
their Basic Command Units (BCUs);
Ensuring the effective supervision of all aspects of domestic abuse; and
Making their staff familiar with this policy and its guidelines.
Operational Communications Branch
As a Call Taker, Supervisor or Radio Operator you must:
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3.6
Recognise the importance of the call and the impact on the victim having
made the decision to make a call to the police; and
Understand that the requirement for positive action in domestic abuse cases
incurs obligations at every stage of the police response. These obligations
extend from initial deployment
Call Handlers
When you receive a call from a victim or third party of a report of a domestic abuse
incident you should remain sympathetic, reassuring and calming. You must seek to
establish and record accurately on the incident log the following details:
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Make an entry on the FWIN describing the nature of the call and record the
first account of what the caller says has occurred (recording verbatim).
Request an officer attends.
[PS Nita Jhanji-Garrod]
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Record details of the demeanour of the caller, suspect and witnesses and any
background noise etc.
Open a FWIN coded D05.
Be mindful of the potential to secure or preserve evidence at an early stage.
The identification of special needs, for example, disability, language barriers,
whether an interpreter is required.
The identity and location of the victim (if not the caller).
Whether the victim or any other person is in any immediate danger or has
been injured in any way.
The severity of any injury and whether medical assistance is required.
The presence and safety of children and other vulnerable people.
The identity (including name and description) and location of the suspect - if
the suspect is still at the scene keep the caller on the line, reassure and keep
them fully informed about the deployment of officers.
If the suspect has left the scene, advise the caller to lock and secure the
premises or if not at their home to go to a place where they will be safe until
the police arrive.
If the caller is a child then you must attempt to engage them and ascertain
that they are in a safe place and away from danger whilst officers are being
deployed to the incident.
Whether any weapons have been used, their location and availability to the
suspect.
Whether any person present appears drunk or has taken drugs.
Whether there are any court orders in place.
From the address history, whether that caller is a repeat victim and if there is
a history of domestic abuse or child abuse and record this information on the
FWIN.
From the available information, whether the attending officer should be
accompanied.
If a 999 call is abandoned by the caller you must give the incident a high
priority grading, and direct an officer to attend.
If you receive a second call cancelling police attendance remember it may
have been made under duress. You should ensure you record this on the
FWIN and deploy an officer to the incident.
Where a third party is making a report on behalf of the victim you must:
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3.7
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Establish whether an immediate response from the police is required.
If so, take immediate action to secure the safety of the victim and any
other vulnerable person;
Record all relevant details;
Establish contact details through which the victim can be contacted
safely; and
Inform the third party that the victim can always speak in confidence
with a Domestic Abuse Specialist and provide details.
Radio Operator
The first priority of the police in responding to a domestic abuse incident is to protect
the victims and any other persons at risk including children and police officers. You
must take the following steps:
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Deploy an officer and endeavour to deploy two officers as soon as
[PS Nita Jhanji-Garrod]
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3.8
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possible in accordance with the Incident Response Policy. If you are unable
to allocate within the graded response timescale, advise outside patrol
supervision.
Grade all domestic abuse incidents as 1 or 2.
Prioritise the safety of the victim and children (giving safety advice and any
other advice as appropriate e.g. first aid etc).
Where appropriate ensure medical assistance is on route.
Prioritise the safety of officers and others attending the scene.
Inform the attending officers of all relevant information and intelligence
including:
o Full details of the information given by the informant;
o Presence of children;
o Any Domestic or Child Abuse markers associated to the
incident/address;
o Current information regarding prior domestic abuse and child abuse
offending;
o Previous incidents and action taken;
o Warrants, court orders, restraining orders, injunctions or perpetrator
programmes in force; and
o Any other factors which may assist the police response, for example,
those relating to culture, same sex, disability, mental health.
Ensure FWINs are closed readily and accurately in order for reporting officers
to complete the DASH Risk Assessment and incident details within PPIU
OPUS (In the event that OPUS PPI is not available then you must ensure
that the FWIN is kept readily available and open for the investigating
officer to complete all the relevant details within the FWIN).
Accurately update the FWIN with information provided by attending officers.
If a second call is received cancelling the police, ensure an officer attends.
Ensure all FWINs are subsequently closed with the relevant closing codes.
When closing a FWIN you must ensure that the closing lines state ‘This is an
ACPO defined domestic abuse incident sequeled in OPUS’.
OCB Supervisors
You should:
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Monitor FWINs closely to ensure compliance with the Force Domestic Abuse
Policy;
Ensure Concern for Vulnerable person 1-8 is completed and endorsed on the
FWIN for all incidents closed G07, C58 and D63;
Where it is a domestic abuse related stalking and harassment incident
ensure the FWIN is closed with the relevant domestic incident code and L29
code;
Ensure accurate coding and grading;
Ensure the incident is attended within the time limit of the allocated grade;
Ensure the reporting officer is made aware of the history associated with the
address or caller;
Where appropriate, prompt officers and supervision with advice and
guidance;
Ensure the FWIN is NCRS compliant; and
When closing a FWIN you must ensure that the closing line states ‘This is an
ACPO defined domestic abuse incident sequeled in OPUS’.
[PS Nita Jhanji-Garrod]
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3.9
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Public Enquiry Counter
You should:
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3.10
Offer the complainant the opportunity to speak in private;
Determine whether it requires a high priority response;
Consider whether others are at risk, e.g. children or other vulnerable people;
Inform the relevant OCB so a FWIN can be created;
Make an accurate record of the information or incident reported;
Inform the relevant Public Protection Investigation Unit; and
If it is a Forced Marriage or Honour Based Violence incident then refer to the
Force policy.
Investigating Officer
Officers should take positive action at incidents of domestic abuse See Appendix C
Your priority should be to protect all people present from injury or further harm; this
includes the victim, children, witnesses, police officers and the suspect. At incidents
you should take the following steps:
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Secure the safety of the victim or victims in their home as priority.
Assess your own personal safety.
Protect immediate and secondary scenes, ensuring that any material or
forensic evidential value is preserved. Note the suspect, victim and any other
person present may also be crime scenes.
Assess the need for first aid or other medical assistance. (If victim(s) require
medical attention at a hospital etc ensure they are accompanied by an officer
to maintain the continuity and integrity of the evidence.)
Separate parties, including any children.
Check welfare of children present at the address (see section 5.16).
Obtain an overview of what has occurred.
Confirm identity of the suspect, if no longer at the scene circulate a full
description and make efforts to locate them.
If this is not possible you should, with the victim’s involvement and consent,
consider relocating to a place of safety such as a refuge or to a relative.
Make accurate records of everything said by the suspect, victim and any
witnesses, including children.
Recognise that the victim may not feel able to talk freely.
Undertake the DASH risk assessment process.
Record significant statements made by the suspect.
Record unsolicited comments made by the suspect, and ask them to sign
them.
Obtain a first account (see section 5.4).
Record the demeanour of suspect, victim and other witnesses, including
children.
Conduct house to house enquiries where appropriate to establish what
neighbours heard or saw, maintaining confidentiality about the nature of the
alleged incident and/or personal circumstances of the victim and perpetrator.
Consider a Crime Scene Investigator to recover and record evidence by
photographs and or video footage.
Photographs of injuries, damage and disturbance offer tremendous
assistance to the prosecution case and are extremely impactive during
interviews with both victims and perpetrators; they should always be sought.
[PS Nita Jhanji-Garrod]
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Ask victim to sign a medical consent form.
On completion of an incident you must inform the OCB whether:
o There were children at the scene or children ordinarily reside at the
address;
o There were no children present at the scene or do not ordinarily reside
there; or
o If the incident took place at somewhere other than the home address
of one or both of the partners, then whether there were children at the
scene or whether they have children and where they ordinarily reside.
Ascertain substantial offences that the perpetrator may have committed.
Consider use of Protection from Harassment Act 1997 where appropriate.
Obtain a copy of the 999 tapes - in all cases which must be provided to CPS
within 7 days. Non-urgent requests should be made by email to ocb -Audio
Request. Urgent requests will be assessed and if appropriate actioned
immediately.
Inform those involved that information about the incident may be shared with
other agencies where further involvement may be envisaged and the reasons
for sharing that information.
Engage in post arrest management of suspects and ensure DASH Risk
assessment is available to Custody staff in order to identify whether bail is
appropriate in relation to risk to the victim, children or other vulnerable
persons.
Ensure the release of and/or any bail conditions are discussed with the victim
prior to being made in order to ascertain their views and any further
information which may impact on the decision e.g. details of any existing court
orders. Fully communicate to the custody officer.
Incorporate the completed DASH risk assessment in any suspect interview.
Ensure that with any domestic abuse related crime submitted that you
endorse the domestic abuse marker within OPUS.
If persons have left scene on police arrival, every effort should be made to:
o Try and ascertain and locate who was involved in the incident e.g. by
speaking to witnesses, house to house, maintaining confidentiality
where possible;
o Speak to both parties to check on their welfare; and
o Ascertain the reported circumstances of the incident.
If you are satisfied a domestic abuse incident took place but you are unable to
locate and speak to the parties involved then you must still complete the
DASH risk assessment in PPIU OPUS. Include circumstances of the incident
as you know them to be. You must also include what efforts were made to
trace the parties involved.
If there is any suggestion that there has been interference with the victim, you
must consider arresting the suspect under Section 51 of The Criminal Justice
and Public Order Act 1994.
When dealing with alleged perpetrators you must consider, where they are
not charged or going through the criminal justice process, signposting them to
voluntary groups for support and advice. This process must be with consent
of the person.
Always seek advice from a PPIU specialist if in doubt.
For further information, see ‘Dealing with Incidents of Domestic Abuse - issues to be
considered in all cases’ (Appendix D).
3.11
Sergeant
[PS Nita Jhanji-Garrod]
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If one of your officers is dealing with a domestic abuse incident, it is your
responsibility to ensure:
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3.12
The most appropriate course of action has been taken;
Officers are carrying out responsibilities as outlined within this policy;
Officers have recorded the reasons for their actions in PPIU OPUS;
A statement is taken immediately if possible, or within 24 hrs;
Officers have completed the DASH risk assessment and populated OPUS
PPI prior to retiring from duty and that any incomplete risk assessments
coming to your attention are immediately actioned for completion;
The correct closure code has been applied to the FWIN;
Compliance with National Crime Recording Standards;
Effective understanding of dealing with domestic abuse incidents and
standard of DASH risk assessments by dip sampling incidents; and
The need for a community impact assessment has been considered, where
appropriate.
Inspector
If one of your officers is dealing with a domestic abuse incident, it is your
responsibility to ensure:
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3.13
OPUS PPIU is updated with all the required information before they retire
from duty, including updates and risk assessments;
Responsibilities are being carried out effectively as outlined above; and
Officers are given time where required to complete the DASH risk
assessment prior to retiring from duty and that any incomplete risk
assessments coming to your attention are immediately actioned for
completion.
Domestic Abuse Investigator
The roles and functions of the Specialist Domestic Abuse Investigator are paramount
in relation to protecting victims and bringing perpetrators to justice. The roles of the
individual are highlighted below.
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Monitor all domestic abuse incidents via PPIU OPUS.
Provide tactical advice and guidance to first response officers of all ranks.
Respond to specific domestic abuse incidents as identified by supervision.
Advise operational officers in their identification, preservation, collection and
processing of all available evidence including evidence from previous
incidents, e.g. evidence of bad character, similar facts, outside agencies
information, CCTV, 999 calls, medical consent and evidence.
Consider admissibility of evidence of previous complaints. This provides for
the admission of certain previous statements of witnesses and is part of the
code on hearsay evidence set out in that Act.
Proactively identify incidents of domestic abuse where specialist intervention
is required in respect of supporting officers and staff.
Identify target profiles, cross divisional perpetrators and endorse intelligence
systems.
Identify cases suitable for IDVA referral and MARAC process.
Engage in the tasking and co-ordinating processes to address high risk and
persistent offenders.
Make multi-agency referrals electronically and securely in line with current
domestic abuse information sharing protocols (See Appendix L – Domestic
Abuse Referrals).
[PS Nita Jhanji-Garrod]
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Share information with other partnerships in line with current protocols.
Ensure the victim is informed that information about the incident may be
shared with other agencies where further involvement may be envisaged,
which agencies and why, and in particular where information can be shared
without consent (e.g. child safeguarding issues).
Ensure risk assessment categories identified by officers are correct. If having
reviewed the incident you feel that the category of risk needs to be amended
then you can alter the category and you must justify your reasons within the
appropriate field
Conduct enhanced risk assessment for all victims in line with the risk
assessment framework (see Appendix I).
Make relevant contact with victim (See.5.8).
Create domestic abuse markers where relevant (See 5.18).
Identify child protection issues and carry out the following where identified:
o Where the incident requires further joint investigation then refer to the
CAIU.
o Where the incident prompts sharing of information with other agencies
then refer to the Information Sharing Protocol.
o Where appropriate attend child protection case conferences.
Manage safety planning and identify risk factors; where appropriate link into
statutory and voluntary agencies to ensure all safety interventions are in
place.
Monitor implementation of the above.
Maintain contact and share information with Witness Care Units.
Where appropriate obtain victim and witness personal statements and
interview those identified as vulnerable and intimidated.
In medium and high risk cases you must speak to the victim and discuss
special measures that are available and ensure that they are put in place.
Engage in post arrest management of suspects and ensure DASH Risk
assessment is available to Custody staff in order to identify whether bail is
appropriate in relation to risk to the victim, children or other vulnerable
person.
Ensure that the victim is informed immediately if the perpetrator is bailed and
of any bail conditions and what they mean.
Ensure all relevant and up to date intelligence in respect of both the victim
and perpetrator has been obtained, in particular intelligence from other forces,
agencies and information in respect of civil orders.
Endorse intelligence systems appropriately with information above (PPIU
OPUS, FIS etc).
Obtain all withdrawal statements (See 5.13).
Advise and support domestic violence investigations where issues relating to
honour based violence or forced marriage are present.
Advise and support commanders and hostage negotiators.
Where possible, support victims by attending to court proceedings.
Consider signposting alleged perpetrators.
Ensure appropriate action is carried out in relation to cross-divisional and
cross-border perpetrators and victims (as in Section 5 of this document).
Make referral Common Assessment Framework (CAF) officer where relevant.
See Appendix D – ‘Dealing with Incidents of Domestic Abuse- issues to be
considered in all cases’
Consider use of Protection from Harassment Act 1997 where appropriate.
If there is any suggestion that there has been interference with the victim, you
must consider arresting the suspect under Section 51 of The Criminal Justice
and Public Order Act 1994.
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Record and investigate according to local information-sharing protocols and
referrals from other agencies.
You MUST not access information other than for specific work purposes.
Sensitive material is contained in PPIU OPUS.
3.14
Domestic Abuse Sergeant
Your responsibilities are outlined below.
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Manage and ensure that the role of the Domestic Abuse Specialist Officer is
being carried out effectively.
Oversee divisional domestic abuse investigations by monitoring PPIU OPUS
and reviewing live DO5 incidents throughout the day.
Finalise all incidents of domestic abuse within PPIU OPUS.
Identify cases where specialist domestic abuse officers should be involved.
Endeavour to allocate repeat victim cases to the same specialist in order to
ensure consistency with the case and to give the victim some continuity.
Ensure multi agency referrals are made in line with current information
sharing protocols.
Monitor and ensure divisional compliance with Force Domestic Abuse Policy.
Monitor divisional performance and be instrumental in improving
performance.
Identify and manage high risk perpetrators and repeat victims via a problem
solving and partnership approach, engaging with divisional Operational
Policing Unit, Tasking and Coordinating Groups and multi-agency
partnerships.
Oversee high and medium risk incidents being investigated by specialist DA
officers and assume responsibility for any subsequent management of
identified risk and the determination of appropriate intervention measures.
Attend Multi Agency Risk Assessment Conferences (MARAC) and Multi
Agency Public Protection Arrangements (MAPPA) and share information and
intelligence where required.
Attend, where appropriate, child protection cases conferences.
Identify incidents where specialist Domestic Violence Officers should be
deployed.
Provide support and advice to first response officers and their supervision.
Ensure divisional and local compliance with the CPS Service Level
Agreement.
Ensure risk to victim has been classified correctly and where re-classified by
Domestic Abuse Specialist ensure that the category is adequate.
Monitor divisional liaison with CPS and solicitors in respect of both criminal
and civil proceedings to ensure greater emphasis on Narrowing the Justice
Gap.
Monitor information sharing protocols with external agencies and compliance
with support from the Audit and Compliance Team.
Evaluate divisional performance and present to divisional senior management
team.
Ensure CIH markers are created where necessary.
Establish strong multi-agency links through the local domestic violence
forums.
Maintain close working relationships with statutory and voluntary agencies
and ensure best practice is identified.
Identify and engage with advocacy representatives and link into services
provided.
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Ensure victims are dealt with appropriately in respect of classification of risk.
Ensure cross-divisional and cross-border victims and perpetrators are dealt
with appropriately (as per guidance above).
Ensure all paperwork within the Domestic Abuse Investigation Guide, which is
not forming part of the associated documents, is scanned on Cyclops and all
hard copies disposed of confidentially.
Deal with all high risk victims and perpetrators.
Consider need for community impact assessment where appropriate.
Identify when domestic abuse specialists should deal with other perpetrators.
Ensure compliance with the National Crime Recording Standards.
3.15 Detective Inspector-Divisional Public Protection Investigation Unit
(PPIU)
You must carry out the responsibilities outlined below.
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3.16
Monitor and ensure that the role of your specialist domestic abuse staff is
being carried out effectively as listed above.
Manage and ensure that the role of the Domestic Abuse Specialist Officer
and Sergeant is being carried out effectively as per the responsibilities listed.
Manage and oversee the efficient and effective running of the divisional
Public Protection Investigation Unit.
Engender inter-agency working to safeguard and promote the welfare of
children and families.
Evaluate and monitor divisional performance to ensure optimum use of
resources, identify trends, good and poor performance and gaps in service
delivery.
Ensure compliance with the National Recording Standards.
Develop the systematic use of intelligence through the application of the
National Intelligence Model and its contribution to the risk assessment
process.
Review local information sharing protocols, service level agreements and
memorandums of good practice with local partners on an annual basis.
Identify and implement crime reduction strategies with partners in relation to
public protection issues.
Maximise the use of opportunities presented by local funding streams and
facilitate local advocacy services.
Where appropriate refer cases through the Multi Agency Public Protection
Arrangements (MAPPA).
Chair Multi Agency Risk Assessment Conferences (MARAC).
Divisional Crimes Operations Unit - Detective Chief Inspector
In certain circumstances a Detective Officer may be allocated an investigation
of this nature. You should:
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Ensure that detective officers are familiar with this policy and procedure in
order to deal with cases effectively;
Ensure that any investigation is carried out taking cognisance of the
responsibilities outlined within this policy; and
At the earliest opportunity the PPIU Inspector must be informed in order to
ensure that the investigation is being carried out in accordance with existing
Force policy and with support from the PPIU.
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Divisional Crimes Operations Unit-Detective Constable
You should familiarise yourself with the DASH risk assessment process and
this policy.
You should seek support and guidance from PPIU Specialist Domestic Abuse
officers when dealing with domestic abuse related incidents.
Missing from Home (MFH) SPOCS
Identify cases where domestic abuse may be an issue and liaise with the
Detective Inspector PPIU with regard to those cases.
Inform the Missing from Home Manager of any MFHs that are domestic
abuse related.
Deal with any MFHs in accordance with the Missing from Home Force Policy.
Custody Officer
When detaining a domestic abuse suspect, custody staff have specific
responsibilities. These are outlined below.
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Consider the suspect’s right to a telephone call and assess the potential to
harass and intimidate the victim, children, family members and potential
witnesses.
Ensure any telephone calls are supervised.
Record if a suspect threatens to commit suicide, and include this within the
custody risk assessment process for the care of the suspect in police
detention and in the domestic abuse risk identification.
Consider suicide threats by the suspect as a risk factor relating to further
harm being caused to the victim and children, and include as part of any
decision-making process for police bail.
Record significant statements on the custody record and invite the suspect to
sign and verify them.
Record injuries to the suspect.
Arrange for the forensic physician to examine the suspect and record any
injuries on the custody record.
Document on the custody record any intimidating, aggressive or threatening
behaviour exhibited by the suspect.
Consider placing suspects arrested for breach of the peace before the next
available court.
You should ensure that the agreed guidelines for charging standards are
satisfied and used to determine what offence to charge a suspect with.
You should always consider charging for substantive offences rather than for
breach of the peace, where evidence allows, or delay charging to allow for
the collection of further evidence.
Custody staff must use the DASH risk assessment completed by the
investigating officer as a basis for making decisions in relation to bailing the
offender.
Keep the victim updated of the investigation including any charge etc.
Ensure the victim is spoken to in respect of the perpetrators release and/or
any bail conditions being considered in order to ascertain their views and any
further information which may impact on the decision e.g. details of any
existing court orders. This must be recorded within the custody record.
Ensure that any bail conditions do not conflict with any existing court orders.
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To afford the maximum protection to victims, children and witnesses, the
following police bail conditions should be considered when granting bail for
CPS referral or after charge for domestic abuse suspects:
 not contacting the victim either directly or indirectly;
 not going within a specified distance of the victim’s home or
workplace;
 not going within a specified distance of schools or other places
the victim or victim’s children attend, such as shopping areas,
leisure or social facilities, child minders, family, friends;
 to live at a specified address, not that of the victim; and
 to report to a named police station.
Ensure the victim is informed directly of any bail conditions and what they
mean.
Ensure completion of Custody Release Risk assessment as per SHOP
Doctrine and feedback any relevant information to PPIU.
Where a person is arrested for breach of the peace, you should consider the
likelihood that he or she will return to the scene to re-offend. Where there is
evidence to support this, you should consider placing the offender before the
next available court.
In conjunction with the O.I.C., you will ensure that a CUSTODY RISK
ASSESSMENT is undertaken and recorded on the custody record for ALL
domestic abuse offenders regardless of risk level. Intimidating, aggressive or
threatening behaviour exhibited by the suspect should be documented and
phone calls supervised.
Cautions are rarely appropriate in domestic abuse cases and should be
considered as an appropriate disposal:
o in any case, unless it is an indictable only offence;
o There is some evidence that it is a first domestic abuse offence and
there have been no other reports or intelligence of previous abuse to
the victim or previous partners or family members;
o The defendant has no previous police record for violence;
o The case has been reviewed by the CPS and they have taken the
decision not to progress a prosecution;
o The investigation has been reviewed and the officer in charge (OIC) is
satisfied that there is no further potential for investigation
development; or
o Any other possible criminal justice sanctions have been examined and
progressed.
Where the offence is indictable only and is considered appropriate for caution, the
police must refer the case to the CPS before a caution can be given.
See Home Office Circular on Simple Cautions 16/2008 which clarifies the use of
simple cautions using the ACPO Gravity Matrix.
4.
Terms and Definitions
For detailed definitions of the types of domestic abuse, please see Appendix A Definitions.
NCRS – National Crime Recording Standard
PPIU – Public Protection Investigation Unit
NPT – Neighbourhood Policing Team
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MAPPA – Multi Agency Public Protection Arrangements
IAG – Independent Advisory Group
PHA – Protection from Harassment Act
DASH- Domestic Abuse, stalking and harassment and honour based violence risk
assessment
CDRP – Crime & Disorder Reduction Partnership
MARAC - Multi Agency Risk Assessment Conference
IDVA - Independent Domestic Violence Advisers
5.
Procedure
The basic procedures for dealing with domestic abuse incidents are outlined in
section 3.
More detailed procedures for the investigating officer can be found below. Further
information is available in the appendices.
5.1
Domestic abuse investigation guide
All officers have a personal issue investigation guide that contains definitions and
supporting information and paperwork to take to the scene of domestic abuse
incidents.
The paperwork required at a domestic abuse incident is available on force forms and
includes:
• DASH checklist;
• Definitions and guidance notes for officers attending domestic abuse
incidents;
• Checklist in relation to stalking and harassment incidents;
• Homelink installation report;
• Medical consent form; and
• Information sheet for victims (to be handed to victims).
You must keep these documents safe and ensure when leaving the incident that you
have all the documents with you as they contain sensitive materials which could be
accessed by the alleged perpetrator.
What happens to these documents?
If someone is arrested and charged with an offence then all the above documents will
become associated documents and should form part of the prosecution file.
5.2
Domestic Abuse, Stalking and Harassment and Honour Based
Violence (DASH 2009) Risk Model
Thorough risk assessment processes are intended to protect the victim, children and
other vulnerable people. Completion of the DASH risk assessment checklist with
every victim of a domestic abuse incident is vitally important in order for us to reduce
repeat victimisation and build in effective safety planning.
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Initial risk assessment is for the officer to report what they see or what is disclosed to
them, which will enable Specialist Domestic Violence Investigators to make a more
informed analysis. For further explanation and information on completing risk
assessments see Appendix I.
5.3
First Account
Obtain a first account as soon as practicable after the event, when the witness may
be most able to recall the incident.
Do not focus solely on the willingness of the victim to give evidence. Under the
provision of the Criminal Procedures and Investigations Act 1996, officers have a
duty to pursue all reasonable lines of enquiry.
Always record the first account given by the victim and/or any witnesses. Make sure
that you make an accurate record of what is said by all parties in your pocket
notebook. Follow the steps outlined below.
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Record a full description of the suspect.
Speak to all parties 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.)
Explain investigation processes and procedures to the victim and/or any
witnesses; make it clear that the police take these matters seriously.
Explain that support is available for the victim or witness.
Record first accounts given by witnesses, especially those relating to suspect
descriptions, e.g. 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.)
Provide the victim with referral details of independent advocacy or outreach
services.
Where available, Independent Domestic Violence Advisers (IDVAs) are
especially valuable to victims and especially those where there are language
barriers or a lack of knowledge of, or confidence in, the UK criminal justice
system.
Consider that the victim may be in a distressed state and that it is not
appropriate to ask the victim what course of action they wish the police to
take.
Previous withdrawals of support for a prosecution should not adversely
influence decision making in whether to arrest for an offence.
Consider needs of victims and witnesses from minority ethnic communities
and other victims whose requirements, due to their sexuality, disability or
other factor, may increase their vulnerability.
If a victim is taken to a refuge or other place of safety, never disclose this to
the suspect or their representative, as this further endangers the victim and
may result in the suspect harassing the victim, refuge staff or other family
members.
Witness Statement
A comprehensive witness statement should be obtained from the victim and any
witnesses immediately.
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If you are unable to take the statement immediately you must inform your supervisor
and obtain the statement within 24 hours. You must include the following information:
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5.5
Full details of the current incident, including evidence to support the alleged
offence;
Details of witnesses present during the incident;
Nature and seriousness of the victim’s injuries (physical and emotional);
Details of family members and composition;
History of relationship and any previous incidents involving the victim and the
offender with any other victim;
Victim's injuries, physical and emotional;
Reference to previous incidents including those with previous partners;
Whether a weapon was used (how and what type);
Whether any attempt at choking, suffocation or strangulation was made;
Details of any threats made before or since the incident;
Whether any children were present (or their whereabouts during the incident),
if so, the effect that the incident has had on them;
Whether the suspect planned the incident;
Whether the parties are separated;
Whether any civil action has been taken by the victim or any previous
partners;
Whether any sexual offences have been disclosed;
Points to prove;
Give the victim the opportunity to make a Victim personal statement
describing the impact of any injuries and the incident, financial loss, breaches
of any orders, their views on bail, likelihood of further abuse and victim’s
views about their own safety and that of any children; and
The victim’s view of the future of the relationship and the effect of the
proceedings on any children.
Victim and witness statements and interviews
An early decision should be made about the most appropriate method of recording
an interview with an adult victim or witness. When appropriate, consideration should
be given to conducting a video or audio interview, dependent upon the circumstances
and gravity of the offence.
A victim’s video evidence is admissible under s17 of the Youth Justice and Criminal
Evidence Act 1999 if we can show the victim to be intimidated or in fear or distress. It
is also admissible under s16 in the case of children or vulnerable adults.
The code of practice for victims of crime is:
www.homeoffice.gov.uk/documents/victims-code-of-practice
Home Office achieving best evidence guidelines are:
www.homeoffice.gov.uk/...evidence/guidance-for-witnesses2835.pdf?view...
5.5.1 Children Witnessed Incidents
Where there are children present who have witnessed the incident (including hearing
it happen), they should be treated as ‘vulnerable’ within the terms of the Youth
Justice and Criminal Evidence Act. Where appropriate, consideration should be given
to conducting a video interview and consideration then be given to provision of
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Special Measures. If a parent has witnessed an assault on a child, then PACE
prohibits their use as an appropriate adult.
5.5.2 Interviewing Children prior to video interview
Whilst it remains important that child witnesses should not provide their full account
prior to a video interview, they can provide information that amounts to the Who
(description of any suspect), What (establishing the offence itself), Where (offence
location), When (time of incident) and How (very basic circumstances).
Such information may be crucial to instigate an investigation and needs to be
recorded contemporaneously, both questions and answers, and signed by the
witness and a responsible adult.
See Special Measures and Achieving Best Evidence ABE and Safeguarding policy.
5.6
Officers statement
Where relevant you must include in your statement details of:
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5.7
Any visible injuries to any party present at the scene. Absence of any visible
injuries should also be noted;
Any signs of a struggle at the scene or damage to property;
Disposition of the victim and the alleged offender;
The identity of any other person present at the scene or in the vicinity who
may have seen or heard anything of any evidential value to the investigation;
Details of any children at the scene, their demeanour and state of the home
and whether there were any concerns for the welfare of the children and
action taken;
Any other vulnerable adult and any injuries they may have;
Allegations made by the victim;
Significant statements made by the suspect; and
Identification of risk factors having conducted the DASH risk assessment
process.
Crime Reporting
Should a victim disclose anything that amounts to a notifiable offence whilst dealing
with the incident, e.g. assault, sexual assault or rape, and the incident causing the
attendance has not already resulted in the creation of a crime report, then a crime
report should be submitted, taking account the National Crime Recording Standard.
(This could be disclosed during the DASH risk assessment process.)
If the victim indicates that they do not support a prosecution or wish to make a formal
complaint, then a crime report is still required for evaluation and consideration of
investigation/safeguarding issues.
For further Information contact the Force Crime Registrar on ext. 61002.
5.8
Victim focus – contacting the victim after an incident. Public
Protection Investigation Units
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Dependent upon the classification of risk, having reviewed the original risk
assessment and completed the enhanced risk assessment, the action outlined below
will need to be taken by a Specialist Domestic Abuse Officer at the earliest
opportunity and in any event within 72 hours.
Where you have not been able to conduct the actions below then you must fully
document PPIU OPUIS explaining why.
HIGH
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All victims must have a personal visit by a domestic abuse specialist. (On
some occasions it may be more appropriate to make contact with the victim
by phone however this decision must be documented clearly with justification
in PPIU OPUS.)
Signpost victims of domestic abuse to appropriate support services and
provide advice and support.
Refer victim to MARAC.
Make an IDVA referral.
Consider Threats To Life Policy.
All high-risk cases whilst ongoing will be monitored for progress by your
supervision who will also finalise all incidents on completion
MEDIUM
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Personal visit and, where appropriate and suitable, phone contact.
If having carried out a phone conversation with the victim they request a
home visit or face to face contact then this must be arranged.
Signpost victims of domestic abuse to appropriate support services and
provide advice and support.
All medium risk cases whilst ongoing will be monitored for progress by your
supervision who will also finalise all incidents on completion
STANDARD
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5.9
Letter to the victim generated by PPIU OPUS.
In all cases where the incident requires further joint investigation in respect of
child protection issues then refer to the CAIU.
Dealing with Perpetrators- Public Protection Investigation Units
Where a victim is identified, having carried out the DASH and enhanced risk
assessment, as medium or high risk and a perpetrator is in custody or pending arrest
the following action must be taken:
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High Risk Victim – in all cases Domestic Abuse Specialists must endeavour
to take the role of lead investigator.
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Medium Risk victim - Domestic Abuse Specialists must endeavour to support
the investigating officer.
Where cases involve serious crime then they should be dealt with by a qualified
Domestic Abuse Investigator (completed the ICIDP) or in their absence liaise with
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CID, who should take the lead investigators role.
5.10
Suspect Interviewing
The following areas should be considered when planning lines of questioning.
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Status of the relationship between the suspect and the victim, e.g. divorced,
planning to separate, separated or other (Note: the perceptions of the
suspect and victim might be different).
The suspect’s knowledge of a victim planning to separate might increase the
risk to the victim.
Previous violence and abuse within the relationship.
Nature of other relationships, past and present, including history of abuse and
controlling behaviour by the suspect.
Relationship with other family members.
Character of the suspect.
Violence and abuse towards strangers and acquaintances.
Future intention with regard to the victim e.g. is the suspect intending to reestablish the relationship.
Motive when committing the alleged offence.
Circumstances leading up to the alleged offence.
Future residence.
Relationship with children and details of child contact arrangements, if
applicable.
Information from the DASH risk assessment should be incorporated into the
interview.
Information from the suspect interview and DASH should be used in police bail
decision making.
5.10.1 Evidence of Bad Character (EBC)
Evidence of a person’s “bad character” is defined in the Criminal Justice Act 2003 as
evidence of, or of a disposition towards, misconduct on his or her part.
Misconduct is defined as committing an offence, or other reprehensible behaviour.
This means that evidence of other examples of misconduct, not just previous
convictions, can be submitted in evidence. These, for example, could include penalty
notices for disorder, cautions or concurrent charges. It may also include relevant
evidence of disposition that did not amount to criminal behaviour, such as evidence
of domestic abuse.
The main points in relation to Evidence of Bad Character to bear in mind are:
1. That it can be used at the probing stage of an interview.
2. It is not to be used in a confrontational manner and should be used in a
conversational manner.
3. EBC should be highlighted in the nine square plan as it is a police topic.
4. If EBC is used then it needs to be highlighted at the earliest possible stage to
CPS and on the MG 16.
5. EBC will never be used to strengthen a weak case.
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Officers considering the inclusion or introduction of bad character evidence should
seek advice from specialist domestic abuse investigators or CPS if further advice is
required.
5.11
Case Handling Issues
Officers must seek advice from the CPS in order to ascertain the sufficiency of the
evidence, type of evidence required and the most appropriate charge. Officers should
use the checklist at Appendix M to ensure they have covered all relevant areas
required to ensure effective prosecutions.
Officers must take the steps outlined below.
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Deal with domestic abuse cases expeditiously.
Obtain pre-charge advice from CPS in all domestic abuse cases, except
where the Threshold Test is not met (i.e. there is no evidence upon which to
base a reasonable suspicion that the suspect has committed the offence).
Identify witnesses who may require special measures in accordance with the
Youth Justice & Criminal Evidence Act 1999.
Consider the need for medical evidence in each case, taking into account
other available evidence (including photographs). Take advice from CPS
under the Statutory Charging Scheme, and the severity of the complainant’s
injuries.
In cases where medical evidence is required it must be requested at an early
stage and in accordance with the GMP/CPS Area Medical Evidence Protocol.
In all cases where medical evidence is required, medical consent will be
obtained at the earliest opportunity by the officer in the case and medical
evidence obtained as soon as practicable. Where a medical consent form has
been submitted with the file prior to a medical statement being taken, the OIC
or divisional Criminal Justice Unit will ensure that outstanding statements are
obtained as soon as practicable. Where no medical consent has been
obtained, the OIC (or CJU) will ensure this is rectified as a matter of priority
and ensure medical evidence is obtained in a timely manner.
Include the following information on an MG6 in all full files:
o History of the relationship, including previous incidents involving the
victim and previous incidents involving the offender with any other
victim;
o The DASH Risk assessment;
o Information contained within the Investigation Guide;
o Ability or willingness of the victim to give evidence;
o Composition of family;
o Effect of the proceedings on any children;
o Whereabouts of children during the incident;
o Current domestic arrangements and information, or the police view, on
the future relationship;
o Likelihood of reoccurrence;
o Views on the safety of the victim and any children;
o Information from other agencies, e.g. Social Services, Health Dept;
o Details of any civil proceedings and orders made and, if applicable,
any breaches;
o The views of the victim in respect of suitable terms of a Restraining
Order or an ASBO (where offender is from a separate household); and
o Any additional information that might be helpful; for example,
difficulties that might face the victim on account of his/her ethnicity.
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Ensure that the name and contact details and those of a supervisor are given
on all files submitted to the CPS and WCU.
Respond to CPS requests for further evidence or information by the date
indicated by the CPS.
Where a defendant has been arrested for breach of bail conditions, the officer
in the case will provide the CPS at the first court appearance with sufficient
statements to prove the alleged breach at that appearance. Where possible
this should include evidence that the defendant knew of his/her conditions
and that his/her actions breached those conditions.
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please use checklist at Appendix XX to ensure you have covered all relevant
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areas required to ensure effective prosecutions.
5.12
Witness Care Units (WCUS)
Witness Care Units (WCUs) have been established across the Greater Manchester
area under the ‘No Witness No Justice Project’ (NWNJ). This is one element of the
Criminal Case Management Programme, complementing new CPS charging
arrangements and the Effective Trial Management project, aimed at bringing more
offences to justice and increasing public confidence in the criminal justice system.
It is important that the officer in the case, in conjunction with the Domestic
abuse specialist and Witness Care Unit, inform the victim about the
progression of the case at all stages.
5.13
Withdrawal of Victim’s Complaint
Because a victim does not want to proceed any further with the case, this does not
necessarily mean that the case is therefore stopped with regards to the police
investigation and the Crown Prosecution Service (CPS). Other available evidence
should always be considered.
Where a victim refuses to provide a statement but there are full recorded
circumstances available of the incident, e.g. an entry in an officer’s notebook in
relation to an account given by the victim or witness, and there is evidence of injury
to the victim, e.g. observed by an officer, then you must seek advice from the CPS in
relation to whether it is in the victim’s interest to proceed with the case and whether
the victim should be summonsed to attend court, if required.
5.13.1 Investigating officer PPIU
A withdrawal statement should be taken by a specialist domestic abuse officer as
soon as possible explaining:
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Why the victim has withdrawn support;
The victim is following this course through their own free will and not as a
result of being pressured by the alleged perpetrator or any other person;
Confirmation of whether the original statement given to the police was true;
Nature of the original allegation (if not fully covered in a previous statement);
Who they have discussed the case with – particularly anyone who has
advised them (a solicitor, for example);
Whether any civil proceedings have been, or are likely to be, instigated; and
Impact on the victim’s life and that of any children if the case is continued.
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Any withdrawal statement should prompt a revised risk assessment process
and safety planning.
This statement should be accompanied with a background report by the officer in the
case which should include:
•
•
•
•
•
•
•
Why the victim is withdrawing;
Police comments on the veracity of the reasons given;
An assessment of the state of fear of the victim;
A revised risk assessment and the level of risk posed to the victim, children
and other person’s safety;
Details of support available to the victim and whether it has been offered e.g.
IDVA;
Likely impact on the victim and any children of proceeding or not proceeding
with the case; and
Any other relevant information, for example, in appropriate cases, how the
complainant might react to being compelled to give evidence.
With due sensitivity the victim should be told that making a withdrawal statement
does not automatically mean that the case will be dropped and that they may still be
required to attend court.
•
The police should explore with CPS ALL options fully. In some cases the
violence is so serious, or previous history shows a real and continuing danger
to the victim, children or other person, that the public interest in going ahead
with a prosecution has to outweigh the victim’s wishes.
The CPS will explore options:
•
•
To introduce the victim's evidence without necessarily requiring the victim’s
attendance at court; and
After careful consideration, compel a victim to attend court.
Where criminal proceedings have commenced and a victim expresses a wish to
withdraw their complaint, the statement must be taken by a domestic abuse specialist
who must:
•
•
•
5.14
Take appropriate steps to investigate that the victim is following this course
through his or her free will, and not as a result of pressure bring put on them
by the alleged perpetrator or any person acting on the alleged perpetrator’s
behalf;
Obtain a statement containing the information outlined above and ensure that
this is forwarded to the Crown Prosecution Service together with MG6 report;
and
Note that previous withdrawals of support for a prosecution should not
adversely influence decision making in whether to arrest for an offence.
OPUS, Force Intelligence System and Sanitising Information
It is vital that all available intelligence is obtained and in particular intelligence that
another force holds in order to understand the full circumstances of an incident and
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any previous incidents. It is imperative that intelligence about victims and
perpetrators is kept current and updated.
Other information that may be vital may be held on the PNC e.g. existing civil orders
and any potential suspect interviews and file preparation.
Victims of domestic abuse are at risk of becoming victims of serious assaults and can
often live in fear of the perpetrator finding out their whereabouts where they have left
home to escape the situation. The perpetrator may go to extreme lengths to find the
individual and it may be vital in some cases to keep their whereabouts confidential
and not to disseminate without the correct authorisation.
When dealing with an incident of domestic abuse, having carried out a thorough risk
assessment process with the victim (consider HBV and FM cases), where it is felt
that intelligence needs to be sanitised then you must carry out the following process
when creating intelligence.
5.14.1 Investigating Officer/PPIU
Investigating officers should conduct a Nominal Search on OPUS for the potential
victim; a record must be created where one does not exist. When the record is found
or created, intelligence should be added.
The following process ensures only those with the correct access are able to view
certain items of the intelligence.
•
•
Create a new report of intelligence, the handling code should be shown as 5
on the report page but not having been given in confidence (as long as the
source is not third party). This will ensure the report is submitted to a
divisional intelligence coordinator for evaluation.
Submit two items of intelligence on the same report using the 'Add
Intelligence' button:
1. The first piece of intelligence should have a handling code of 1 and must contain
the following information:
[Victim’s Name] is a victim of domestic abuse. Include at the end of the
Intelligence the words ‘Further information relating to this can be
accessed by contacting the Divisional Intelligence unit’.
2. The second piece of intelligence should be submitted with a handling code of
5 with full details of the victim, including, name, addresses, children involved,
passport numbers and telephone numbers.
Ensure all these are shown where possible as links to the intelligence. Include
at the end of the intelligence the words: ‘To be retained as handling code
5’.
When you come across a sanitised intelligence record you must contact your
Divisional Intelligence Unit for further information.
5.14.2 Intelligence Evaluators (OPU)
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When received for evaluation, the report must be sanitised with the creation of two
superseding reports separating the two items:
•
•
Report 1 - change the handling code on the report page and retain
intelligence item one, i.e. the fact the victim is subject to domestic abuse.
Report 2 - retain the handling code and intelligence item two.
When both reports are evaluated, report one will display for all those with access to
FIS. Report two will be displayed only for those with the correct access level.
5.14.3 Divisional Intelligence Unit
Prior to giving the requesting officer sanitised information, you must risk assess what
purpose the information is required for and the necessity to provide the information
required.
5.15
Non Incident based Information
If you have occasion to speak to a victim of domestic abuse who attends the front
enquiry counter, for example with information about the fact that they have moved
address onto your division from another force area, then you must:
•
•
•
5.16
Ensure that you create an intelligence entry with the persons information, new
address, children’s details etc;
Ensure the intelligence is marked as Domestic Abuse (the intelligence will
then be evaluated and be created within PPIU OPUS where it will be
accessed by specialist PPIU staff); and
Ensure that all other intelligence systems and departments are updated with
any relevant information that is required.
Children, vulnerable adults and Child Abuse markers
Research has highlighted that there is significant correlation between domestic
abuse and direct child abuse. ‘Child abuse’ is a generic term encompassing all
circumstances of ill treatment of children, including physical abuse, sexual abuse,
emotional abuse and neglect.
It is important to recognise that children witnessing domestic abuse on one of their
parents are exposed to harm and risk.
In child abuse investigations the welfare of the child is paramount. Failing to identify
and fully investigate the domestic abuse element of any abuse could result in failure
to protect the safety and well being of both child and adult victims.
When investigating domestic abuse cases, officers should be alert to potential
concerns relating to children, including abuse or neglect of the children in the family,
or physical or emotional abuse suffered by a child in a household where domestic
abuse is perpetrated.
Officers should also consider whether identified children might be at risk of honourbased violence (HBV) including forced marriage. See the Honour Based Violence
and Forced Marriage Policy for more information.
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Officers have a responsibility of recognising the impact of domestic abuse on children
and other vulnerable adults and your duty of care to any children or other vulnerable
people who may be present at the address or reside at the address of the perpetrator
or victim.
It is important that officers check on the welfare of any such people if they are
present at the scene and take relevant action and use relevant powers as required in
respect of their welfare.
5.16.1 Children present
Where there are children present you must take the following steps.
•
•
•
•
•
Consider their protection, including the option of police protection powers
under section 46 Children Act 1989 and inter- agency liaison.
If it is known children reside at the address but are not present on attendance
then you MUST physically check on their welfare. You must search the home
and ensure that if they are present that they are safe and well.
Where appropriate take the child’s account of what they saw or heard.
In some circumstances, consideration should be given to making a referral to
Social Services or the out of hours team.
Take the details of any child/ren present as part of the risk assessment
process with the victim and document these details within PPIU OPUS.
5.16.2 Children not present
If the parents/guardians say the child/ren are not present at an incident of domestic
abuse and are, for example, staying with a relative, then taking the circumstances of
the incident, intelligence available and using your professional judgment you must
consider whether it is necessary to have the children physically checked on.
(You must use your discretion in each case as to what information and reasoning you
give to a third party when checking on the welfare of the children and the reason for
you checking on the welfare of the children. In particular you must consider whether
there is a necessity to inform them of the circumstances of the domestic abuse
incident.)
All details in relation to children and decisions about welfare must be recorded within
PPIU OPUS.
5.16.3 Child abuse marker
Where there is a child abuse marker present on the address you must:
•
•
include within the appropriate field in PPIU OPUS the circumstances
surrounding the child and whether from your observations of the house, child,
parents or incident the family needs further assistance or help e.g. social
services intervention, immediate protection etc;
Where there are children present, you must consider their protection,
including the option of criminal investigation, police protection powers under
section 46 Children Act 1989 and inter-agency liaison (see Child
Safeguarding Policy);
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•
•
5.17
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Where children are not present and there is a child abuse marker present on
the address or it is know that children reside at the address ordinarily then
you must make every effort to ascertain their whereabouts and have their
welfare physically checked on; and
In some circumstances, consideration should be given to making a referral to
Social Services or the out of hours team.
Assisting with recovery of property for the suspect or victim
GMP may be requested to assist with the exchange of property or facilitate the
removal of property from a residence to prevent a breach or further breach of the
peace.
Officers must consider risk assessment, if possible liaise with their divisional PPIU,
consider third party involvement that is mutual to both parties and be mindful that
such requests may be manipulated to create intimidation.
They must ensure that the process is carried out safely and reasonably and that
Force resources are not used inappropriately.
5.17.1 Suspect request for property recovery
Officers should not facilitate the recovery of any property if that action breaches bail
conditions or get involved in civil disputes in relation to ownership of property nor act
as conciliators within a domestic abuse situation.
Officers should ask the suspect to make a list of property for removal that can be
checked with the victim. This list should include items that could reasonably be
required for short-term use.
Officers should not facilitate removal of a significant amount of property beyond what
is reasonably needed in the short term or property that is jointly owned by the couple.
The presence of the victim should not be required by officers, and officers should not
allow for telephone contact from the suspect to the victim to arrange for property
recovery.
Officers should make the contact directly with the victim to discuss the suspect’s
arrest and determine whether the victim is willing to allow the exchange. Where
appropriate, officers should ask victims to prepare in advance the property by
packing it.
It may be appropriate for the victim to appoint a third party to recover property safely.
5.17.2 Victim property recovery
Victims intending to recover property from a residence should be offered assistance
to ensure that this process can be carried out safely. The same safeguards exist as
for suspect property recovery.
Officers should note that post-separation abuse is an established risk factor
for homicide and victims seeking to recover property might be at risk of further
harm.
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5.18
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Domestic Abuse Markers
You must create domestic abuse markers for addresses of victims of domestic abuse
as below:
High and medium risk victims - you must place a marker on the address/s where
that victim lives or addresses where an incident of domestic abuse has taken place
involving that victim.
(All MARAC victims should have a DA marker and others you may consider are
those victims who are part of the Sanctuary Scheme).
Standard – you must use all the information to hand and your professional
judgement to decide whether to place a domestic abuse marker on any relevant
address(es).
Any decision in relation to not placing a marker on addresses should be justified and
documented with PPIU OPUS. The risk assessment process is dynamic therefore
you must consider the retention and removal of them on a case by case basis in light
of any new information you may have access to.
Alarms Administration will send an email alert to the PPIU owning the DA marker,
notifying them that the DA marker has exceeded the 12 month review date. The
PPIU should then review whether the DA marker should stay or be removed. The
PPIU will continue to get a weekly reminder until they respond with an update. All
overdue DA markers will be rolled over to the next week.
5.19
Counter-allegations
Police responding to domestic abuse calls may be confronted with conflicting
accounts of what has taken place, with each party claiming to be the victim. Officers
should 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 distress.
Counter allegations require that police officers conduct immediate further
investigation at the scene (or as soon as practicable) to attempt to establish the
primary aggressor. Officers should be aware that the primary aggressor is not
necessarily the person who was first to use force or threatening behaviour.
5.20
Dual Arrests
Officers should evaluate each party’s complaint separately to determine the primary
aggressor. Officers should avoid making dual arrests without conducting a full
investigation to identify the primary aggressor. When counter allegations or dual
arrests have occurred, this should be recorded and the information included in the
prosecution file.
Arrest of the primary aggressor does not prohibit the officer from arresting both
parties if there is evidence that both parties have committed offences and the officer
is unsure whether offences have been committed in self defence.
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Depending on the severity of the offence, arrests should not be made for acts which
officers have reasonable cause to believe were committed in self-defence. Should a
counter-allegation relating to the same incident be made at a later time – a delayed
counter-allegation – it should be investigated according to the guidelines outlined in
this policy.
6.
Associated Documents
•
•
•
•
•
•
GMP Forced Marriage and Honour-Based Violence Policy
GMP Stalking & Harassment Policy
ACPO Investigating Domestic Abuse Practice Guidance 2008
Threats to Kill (Risk Assessment)
Domestic Abuse, Stalking and Harassment and Honour Based Violence
(DASH 2009) Risk Model
SLA between GMP and CPS on handling of domestic abuse cases (Dec
2010)
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7.
Consultation & Statutory Compliance
7.1
Consultation
Internal
Divisional PPIU’s
Operational
Communications Branch
CPS
Professional Standards
BAPA
LAGSA
JPA
Police Federation
DSN
Unison
CPS
Serious case Review Team
Witness Care Unit
Professional Standards Unit
Data Protection
Freedom of Information
Comments
External
Victims of DA
Women’s Groups
NHS
Pakistani Resource Centre
MARAC
IDVAs
Comments
7.2
Done by way of workshops
Statutory Compliance
7.2.1 Data Protection Act (1998)
The policy was assessed when originally published in April 2010. It is compliant with the Act.
7.2.2 Freedom of Information Act (2000)
This policy should not be published externally in its entirety as it contains policing practices
and information about vulnerable people who are often manipulated by the most serious of
offenders. Areas around, for example, what is available to victims, risk assessment processes
and markers should be removed.
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7.2.3 Equality Act 2010
This policy is designed to deal with individuals who suffer from domestic abuse
related offences. The policy is, therefore, a key means by which GMP will work to
eliminate discrimination, harassment and victimisation that are prohibited under the
Equality Act 2010.
The policy deals with the issues of domestic abuse and recognises that protected
characteristics such as race and disability may have an adverse impact on some
members of our community and that those minority communities may be less inclined
to report matters to the police. The procedures in this document have been
specifically designed to cater for all members of the community who report domestic
abuse so that the support they receive from GMP is tailored to meet their specific
needs. The following points provide just a few examples of how GMP is working to
identify and assess the needs of people with protected characteristics.
•
•
Call handlers in the OCB are instructed to record on the FWIN whether the
victim, witness or suspect has any specific needs that may affect the police
response e.g. disability or communication difficulties, or other potential
vulnerability.
Officers are instructed to complete a Domestic Abuse, Stalking and
harassment and honour based violence risk assessment for all domestic
abuse incidents involving people who are 18 and over. This ensures that
people with protected characteristics are properly risk assessed and referred
to partner agencies where appropriate.
GMP recognises that some members of the community under report such issues for
numerous reasons including language barriers and a lack of understanding of police
procedures. Frontline officers and staff are trained to counteract these issues by, for
example, offering an interpreter, always taking a report of domestic abuse and taking
positive action.
The policy will have no adverse impact on members of communities from a protected
group, as it has been developed taking cognisance of all groups represented within
the community and workplace.
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8.
Appendices
8.1
Appendix A - Definitions
1
Domestic abuse
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Any incident or pattern of incidents of controlling, coercive or threatening behaviour,
violence or abuse between those aged 16 or over who are or have been intimate
partners or family members regardless of gender or sexuality. This can encompass
but is not limited to the following types of abuse:
•
•
•
•
•
Psychological
Physical
Sexual
Financial
Emotional
Controlling behaviour is: a range of acts designed to make a person subordinate
and/or dependent by isolating them from sources of support, exploiting their
resources and capacities for personal gain, depriving them of the means needed for
independence, resistance and escape and regulating their everyday behaviour.
Coercive behaviour is: an act or a pattern of acts of assault, threats, humiliation and
intimidation or other abuse that is used to harm, punish, or frighten their victim.*
*This definition includes so called ‘honour’ based violence, female genital mutilation
(FGM) and forced marriage, and is clear that victims are not confined to one gender
or ethnic group.
Family members include mother, father, sister, son, daughter, brother and
grandparents, whether directly related, in-laws or step family.
2
Intimate partners
Those who are or have been in a relationship with each other with some degree of
continuity and stability. The relationship must also have, or have had, or be
reasonably supposed to have had, a sexual aspect, such as in the relationship
between a husband and wife or between others generally recognised as a couple,
including same sex couples.
They need not be living together on a full time continuing basis and need not ever
have done so.
The incident need not take place in the home of one or both of the partners. It could
take place, for example, in a public house or the street.
3
Types of domestic abuse
Domestic abuse takes many different forms and can manifest in any one of or all of
the ways listed below:
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a) Psychological abuse - Any harm deliberately or recklessly inflicted on
another person's well being.
b) Physical abuse - Any offence of violence, including common assault,
grievous bodily harm or actual bodily harm.
c) Sexual abuse - Rape, sexual assault and other sexual offences.
d) Financial abuse - The abuse of power in a relationship where one partner
maintains control over the other's money or financial circumstances.
e) Emotional - Any harm deliberately or recklessly inflicted on another person's
well being.
4
Repeat Victim
A common feature in most domestic abuse cases is repeat victimisation. This is
where a victim has been involved in more than one incident that has been reported to
the police in a given period of a rolling 12 months (e.g. June- June, April-April).
5
Serial Perpetrator
These are perpetrators that are alleged to have used or threatened violence against
two or more victims who are unconnected to each other and who are or were intimate
partners of the perpetrator.
6
Honour Based violence
So-called ‘Honour’ based violence is a crime or incident, which has or may have
been committed to protect or defend the honour of the family and/or community
members’. (ACPO definition)
HBV is a collection of practices, which are used to control behaviour within families to
protect perceived cultural and religious beliefs and/or ‘honour’. When dealing with
incidents of so-called ‘honour’ based violence it is important to keep in mind
that it cuts across all cultures, nationalities, faith groups and communities and
such violence transcends national and international boundaries.
Honour based violence is a form of domestic abuse and when dealing with such
cases officers must refer to the Forced Marriage and Honour Based Violence Policy.
The policy outlines the different forms of HBV and guidelines of what action should
be taken when dealing with cases.
7
Vulnerable adult
Vulnerable adults may be at risk of domestic abuse particularly those with learning
difficulties or mental health problems.
A person over the age of 18 years who is, or may be, in need of community care
services by reason of mental or other disability, age or illness and who is, or may be
unable to take care of him or herself, or unable to protect him or herself against
significant harm or exploitation” (No Secrets definition).
GMP’s definition of a vulnerable person is as follows:
“A person who is either under the age of 18, or a person 18 years or over who suffers
from mental or physical disabilities, illness, or other such special features which
renders them either permanently or temporarily unable to care or protect themselves
against harm or exploitation”.
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8
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Parental responsibility
In married couples that are both parents (including those who are separated and
divorced) of one or more children, both will have parental responsibility. In
unmarried parents, if the parent’s details are recorded on the child’s birth certificate
and it post-dates 1st December 2004, then both parents of the child will have
parental responsibility.
Where the birth certificate pre-dates 1st December 2004 the unmarried father will
not automatically have parental responsibility, unless there is an order of the court or
an agreement on parental responsibility that has been formally recorded, and a copy
of which produced to the officer.
In cases of civil partnerships or stepfamilies where a child’s parent who has
parental responsibility for a child is married to a person or is a civil partner of a
person who is not the child’s parent, it is possible for the non-parent to acquire
parental responsibility by agreement or by court order. A copy of which should be
produced.
In cases of dispute, officers must make enquiries to determine who is the main carer
of the child(ren) and the child(ren) should be returned to them unless there are
serious concerns about their ability to care for the child(ren).
9
Significant Harm
The guidance on significant harm within section 31 of the Children Act 1989 was
amended in 2005 to include ‘impairment suffered from seeing or hearing the ill
treatment of another’.
Exposure to violence or trauma, and the resultant persisting fear with which the
young child lives, is emotional abuse the effects of which directly impair the natural
development of that child. Children will attempt to intervene during violent incidents,
putting themselves at greater risk of physical abuse
8.2
Appendix B - Legislation
Protection from Harassment Act 1997
There are close associations between harassment and domestic abuse. Many
offences of harassment are perpetrated against partners from a previous intimate
relationship. The suspect may use child contact arrangements as further
opportunities to harass the victim or use knowledge of the victim’s movements in
relation to the children (such as collection from school, child care arrangements) to
commit offences.
The Protection from Harassment Act 1997 is designed to be used when no other
substantive notifiable offence exists. It addresses a series of incidents that do not
amount to the commission of a substantive offence per se, but when looked at as a
course of conduct are likely to cause fear, alarm or distress.
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The Protection from Harassment Act was introduced to address harassment where
conduct was such that it did not necessarily constitute an offence under any existing
legislation.
Where there is a civil injunction under the protection of Harassment Act 1997
in place, then breach of this injunction is a crime.
See the Force Stalking and Harassment Policy for further information.
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8.3
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Appendix C - Positive Action
A complaint from a victim is not a prerequisite for making an arrest or bringing about
a successful prosecution.
Officers have the power to arrest for any offence under the Serious Organised Crime
and Police Act 2005 (SOCPA), and must demonstrate that they have reasonable
grounds for believing that the arrest is necessary for one of the reasons listed in
section 24 (5) PACE.
Where an offence has been committed in a domestic abuse case, arrest will normally
be necessary within the terms of PACE to protect a child or vulnerable person,
prevent the suspect causing injury and/or allow for the prompt and effective
investigation of the offence.
Proactive investigation will always be required in cases of domestic abuse as the
victims, children, neighbours and other witnesses may be reluctant to disturb the
perceived privacy of family life. They might also fear threats, emotional pressure and
violent reprisals from suspects.
Victims should not be asked whether they require an arrest to be made or what
they want the officer to do. The CPS makes the decision whether or not to
prosecute. Initial police action should not pre-judge those decisions.
Failure to exercise a power of arrest where there are powers may leave a victim at
risk from further offences, and may mean that the police force is vulnerable to legal
challenge under both the Human Rights Act 1998 and the law relating to negligence.
Action 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.
It is the decision of the police officer whether or not to arrest a suspect. If a
decision is taken to not arrest then:
•
•
•
•
Record the details of why in PNB, DASH risk assessment and PPIU OPUS;
Explain the reason why an arrest has not been made to the victim, where
appropriate;
Give consideration to proceeding by summons or issuing a Police Information
Notice for the purposes of the Protection from Harassment Act 1997 (seek
advice from PPIU specialist); and
Reassure the victim that every step will be taken to:
o Record details of the incident within PPI OPUS;
o Gather evidence to support future criminal prosecutions, which could
also be used in civil proceedings, e.g., those relating to child contact;
and
o Refer the victim and/or children to relevant agencies for support and
assistance, refuge or other specialist support services, Victim Support
(VS), housing, solicitor or Citizens Advice Bureau).
Taking positive action in the first instance can reduce repeat attendance at the same
incident. The arrest of an alleged offender acts as a powerful deterrent against their
re-offending.
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8.4
Appendix D - Issues to be considered in all cases
1
Gender
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Whilst females are the victims in the majority of reported domestic incidents it must
be remembered that victims can also be male. It should also be recognised that
perpetrators of domestic abuse can be both male and female.
2
Older People
This policy recognises that domestic abuse has no age boundaries. Some domestic
violence victims are older people that have been subjected to a lifetime of unreported
abuse. See the No Secrets Policy - Chief Constable’s Order 2001/44.
3
Minority ethnic communities
Nationally, under-reporting of domestic abuse within certain communities exists. This
may be for a number of reasons such as the lack of awareness of reporting incidents
or the lack of confidence in reporting incidents to the police. In some communities it
may be taboo to report matters of this nature to the police as it is felt that community
members should deal with them.
You should be mindful of these issues when dealing with victims especially those
who appear reluctant to make a report.
4
Lesbian, gay, bisexual and transgender (LGBT) relationships
Domestic abuse committed in LGBT relationships is under reported, partially
because of a fear of not being taken seriously by the police or other agencies. LGBT
people who are victims of domestic abuse can be subject to unique types of coercion
by abusers, this could include, threat of revealing HIV status, causing problems with
child custody, outing of victim’s sexual orientation or gender identity. It is therefore
important that officers create an atmosphere where victims can identify such issues
of concern to them.
5
People with disabilities
Officers must remain alert to that fact that people involved in domestic abuse
incidents might have a disability and act accordingly. People with learning disabilities
may not understand what is happening and some medical conditions can manifest
themselves in behaviour, which can easily be misinterpreted. Officers must recognise
the victim’s inability, owing to these factors to remove themselves from abuse or that
they may also present significant risk not only to themselves but also to their families
and as such may need specialist support.
6
Sexual offences
The potential for domestic abuse cases to include sexual abuse needs to be integral
to the earliest stages of an investigation. Sexual abuse is often part of domestic
abuse but is rarely disclosed, particularly when other forms of abuse are the primary
reasons for police involvement. Most victims of sexual abuse find it difficult to
disclose details of this.
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The skills and expertise of domestic abuse officers should be used to ensure that
domestic abuse victims are provided with the opportunity to disclose sexual abuse
and given access to relevant support services. Victims should be informed of local
services such as sexual assault referral centres (SARCs).
7
Homicides
Domestic homicides represent a high proportion of homicides in England and Wales.
On average, approximately one third of all homicides are committed by a family
member, partner or ex-partner.
When investigating a domestic homicide, officers should use intelligence sources and
specialist staff who carry out domestic abuse investigation and coordination roles. In
order to build a strong prosecution case, and to anticipate defence strategies,
investigations should also seek information from relevant partner agencies to
establish whether there has been previously recorded domestic abuse.
In domestic homicide cases other considerations which might impact on the
investigation include the possibility of child abuse, sexual offences, the danger posed
to previous and potential future victims of domestic abuse, and existing and future
child contact arrangements and agreements.
Domestic homicides committed by family members, which perpetrator(s) claim are an
attempt to ‘restore honour’ to a family group, are sometimes referred to as ‘honour
killings’. Officers should note that concepts of honour and other cultural issues should
be investigated in accordance with ACPO (2006) Murder Investigation Manual.
8
Domestic Homicide Reviews
The Domestic Violence, Crime & Victims Act 2004 legislated for the establishment
and conduct of ‘domestic homicide reviews’, with a view to identifying the lessons to
be learnt from a death where the circumstances of the death of a person aged 16 or
over has, or appears to have, resulted from violence, abuse or neglect by:
•
A person to whom he or she was related or with whom he or she was or had
been in an intimate personal relationship; or
A member of the same household as him or herself.
•
•
Greater Manchester Police fully participate in this process.
9
Specialists Domestic Violence Courts (SCDVs)
SDVCs operate in a number of magistrates’ courts in England and Wales and
specialise in dealing with domestic abuse cases. The new courts provide IDVAs for
victims, and dedicated prosecutors, as well as magistrates, legal advisers and police
officers that specialise in domestic abuse cases.
The SDVCs ensure that domestic abuse cases are fast-tracked and clustered
together so that the courts run more effectively. Some courts also have separate
entrances and waiting areas so that victims do not encounter defendants outside the
courtroom, others might have arrangements for childcare.
The SDVC programme aims to increase the number of domestic abuse incidents
reported to police that result in a trial, reduce the number of cases dropped before a
case comes to court, and increase the number of convictions. It also focuses
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agencies to improve the gathering of evidence, so that prosecutions can still be
pursued even if the victim opts to withdraw from a case. For further information see
Her Majesty’s Courts Service, Crown Prosecution Service and the Home Office
(2005) Specialist Domestic Violence Court Programme Guidance
10
Missing person investigators
There is a potential link between missing persons and domestic abuse. The person
reporting an individual as missing may not know or might not disclose domestic
abuse. Identifying that the missing person is a victim of domestic abuse or is an
offender will have an important influence on determining the type and level of
investigation undertaken.
It is also possible that by reporting a person as missing, an abuser could be
attempting to locate a victim who has escaped from a violent situation. Domestic
abuse officers should be informed when a domestic abuse victim or suspect is
missing and provide specialist assistance. See Manual of Guidance for the
management of Missing Persons Issue Chief Cons Orders 2005/38.
11
Incidents involving insecure immigration status and domestic abuse
Officers should note that in any investigation insecure immigration status might act as
a further barrier to reporting.
Provided that requirements for obtaining entry clearance have been met, people
entering the UK as the husband or wife or civil partner of a person who is present
and settled in the UK should be granted leave to remain for an initial period of two
years. This period is sometimes referred to as the probationary period.
In the case of an unmarried partner or same sex partner of a person who is present
and settled in the UK, the probationary period is also two years.
At the end of the probationary period and provided that the relevant conditions are
still being met, an application can be made by the spouse/civil partner or unmarried
partner/same sex partner for indefinite leave to remain in the UK. This application
can be made provided that the marriage/partnership or relationship is ongoing, and
that each party intends to live permanently with the other as his or her
spouse/partner.
In the situation where domestic abuse has caused the relationship to break down
during the probationary period, the spouse/civil partner or unmarried/same sex
partner can apply for indefinite leave to remain in the UK. For leave to be granted
they must produce evidence demonstrating that they have been the victim of
domestic violence during the probationary period, while the marriage or relationship
was still subsisting e.g. civil orders, police involvement in reported domestic abuse
incidents.
The protection and safety of victims of domestic abuse is the primary consideration in
any case in which insecure immigration status is identified as an issue. It is
imperative that this information is provided within the timescales requested.
Individuals with insecure immigration often have no recourse to public funds,
however they may meet the criteria where public funds are available to assist there
temporary stay in the UK. See
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/residency/publicfun
ds.pdf
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Language Line
In cases of domestic abuse you can use language line to ascertain the
circumstances of the incident and it is only suitable only for brief and straightforward
communications in order to ensure that the victim is offered immediate protection. It
is not appropriate for use in evidential procedures. You must not use police
officers or staff to interpret for evidential purposes.
13
Interpreters
For people who do not speak English or for whom English is not their first language,
you should use an interpreter. Where possible, the interpreter should be of the same
sex as the victim. See ‘Obtaining Language Services from Applied Language
Solutions Procedure’ which is available on the Force Policy intranet site.
Remember, a victim may feel embarrassed to discuss personal issues even in front
of family members and sensitive information may be passed on to others. Officers
should not use family members, in particular children, to interpret, other than as a last
resort. There may also be a temptation to use officers or staff to interpret at the
scene of an incident that must also only be used as a last resort.
Therefore you must always consider using an independent interpreter not connected
with the victim or perpetrator.
Record details of the fact that an interpreter has been used so that specialist officers
can assess what further action needs to be taken.
You must not use police officers or staff to interpret for evidential purposes.
14
Multi Agency Risk Assessment Conference (MARAC)
MARACs share information with a view to identifying victims of domestic abuse who
are at very high risk of harm. They then construct a management plan to provide
appropriate services for, and responses to, those involved in a domestic abuse
situation, including the victim, children and perpetrator. The role of MARACs is to
facilitate, monitor and evaluate effective information sharing to enable appropriate
actions to be taken to increase public safety.
All high-risk victims must be referred to MARAC in line with the MARAC protocol. All
MARAC cases must be referred to the divisional MARAC Co-coordinator
15
Independent Domestic Violence Advisors
IDVAs, working alongside the police and other criminal justice and statutory agencies
and the voluntary sector, have been shown to produce positive outcomes in domestic
abuse cases.
Generally, IDVAs provide intervention assistance to victims of domestic abuse
identified as high risk whose cases are referred to a MARAC and are progressing
through the criminal justice system. IDVAs should maintain current information about
victims and witnesses in domestic abuse cases. They should also update police
officers responsible for the case, and attend and contribute to MARACs, as required.
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The role of IDVAs in providing additional evidence and as expert witnesses to
support prosecutions should be considered. The CPS should be informed of an
IDVA’s involvement in a case.
16
Multi Agency Public Protection Arrangements (MAPPA)
The Criminal Justice Act 2003 (sections 325-327) requires the Police, Probation and
Prison Services to work jointly as the Responsible Authority in each area of England
and Wales. This is for the purposes of establishing and reviewing arrangements for
the assessment and management of risks posed by relevant violent and sexual
offenders, and ‘other persons’ who, by reason of offences committed by them
(wherever committed), are considered by the Responsible Authority to be persons
who may cause serious harm to the public.
The Criminal Justice Act 2003 also requires a range of other agencies to cooperate
with the Responsible Authority in the delivery of the assessment and management of
risk, to the extent that it is compatible with their statutory duties.
For further details about MAPPA see Ministry of Justice (2007) MAPPA Guidance,
Version 2.0 and ACPO (2007) Guidance on Protecting the Public: Managing
Sexual Offenders and Violent Offenders.
17
Integrated Domestic Abuse Programme (IDAP)
IDAP is accredited by the Home Office, and utilised by Probation Services. The
programme provides an integrated approach to domestic violence and is designed
both to stop domestic abuse perpetrators committing further offences and to protect
victims.
As well as the staff working with the offender, IDAP includes Women’s Safety
Workers. These workers are responsible for contacting the victim, offering to
formalise a safety plan and offering to keep her informed of the perpetrator’s
progress on the programme. Attendance on the programme is in additional
requirement of a Community Order as defined by the Criminal Justice Act 2003. The
requirement will be enforced in accordance with National Standards 2005, and failure
to comply will lead to the offender being returned to Court. IDAP is not suitable for:
• Offenders with severe mental illness;
• Low risk offenders;
• Offenders with learning difficulties; or
• Sexual offenders.
18
SPOTLIGHT- Integrated Offender Management System
The Greater Manchester Spotlight programme is a multi agency project aimed at
delivering an integrated approach to the management of high-risk offenders, across
Greater Manchester. It builds on partnership work highlighted by Multi Agency
Protection Arrangements and Prolific and other Priority Offender Processes and aims
to extend this to cover a greater number of offenders.
Key issues are:
• Joint agency agreement on the criteria for high risk offenders in a locality;
• Information and intelligence sharing on a daily basis facilitated by multi
agency teams;
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•
•
•
•
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Co-located Probation, Police, Youth Offending Team and Local Authority staff
providing intensive supervision for those most at risk;
Joint working within areas of expertise, to deliver interventions in the
community for both statutory and non statutory offenders;
Shared decision making on priorities, performance management and tasking
and co-ordination of resources at a strategic level; and
Spotlight is being rolled out through GMP to help support the management of
offenders, specifically violent offenders and all divisions will subsequently
have the system in place.
Domestic Abuse related civil orders and powers
There are legal remedies and criminal sanctions available to victims through the
courts. When dealing with a victim an officer must give them the information sheet
contained within their Investigation Guide which contains advice that will signpost
victims in taking further civil action. Some remedies available are outlined below:
The Family Law Act 1996 and the Children Act 1989
•
•
•
•
•
•
•
Non-Molestation Injunction – these are made to prevent a person from
using, or threatening to use, physical violence or to prevent a person from
harassing, pestering or intimidating someone. An offence is committed where
a person does anything prohibited by the order and does not have a
reasonable excuse
Occupation Order – provides a remedy to have the perpetrator removed
from the home and to forbid him or her from returning within a specified
distance, entering or attempting to enter. A power of arrest can be attached to
the order to ensure that the perpetrator is placed before a court should they
breach any part of it.
Residence Order – is an order setting the arrangements made as to the
person or people with whom a child is to live. The court will undertake a
welfare check and make the order.
Prohibited Steps Order – is an order that no step, of a kind set out on the
order, can be taken by a person in meeting their parental responsibility for a
child without the comment of the court, for example, to prevent a child being
removed from the country.
A Restraining Order may be applied for by the criminal courts in addition to
sentence for up to 3 years, invariably because of the presence of harassment
or violence such as ‘threats to kill’. Breach of a restraining order or an antiharassment order is an arrestable offence.
Contact Order – is an order requiring the person with whom the child lives or
is to live to allow the child to visit or stay with the person named in the order,
or to otherwise have contact with each other.
Exclusion Order - where a court makes an emergency protection order or an
interim care order, the court may include an exclusion requirement for the
exclusion of the person from a dwelling house in which a child lives if the
exclusion of that person will prevent the child from suffering or being likely to
suffer significant harm and another person living in the dwelling house is able
to care for the child and consents to the exclusion requirement.
The order may require the person to leave the house where they are living,
prevent them from entering the house and/or exclude them from a defined
area specified by the order. The court can attach a power of arrest and a
constable can arrest without a warrant where they have reasonable cause to
believe the order is being breached.
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Appendix E - Liaising with CPS in relation to charging
You should liaise with the CPS at an early stage with all cases to seek advice on
sufficiency of the evidence, type of evidence required and the most appropriate
charge or charges. The CPS is responsible for giving authority to charge in all cases
of domestic abuse.
Where the offence is indictable only and is considered appropriate for caution, the
police must refer the case to the CPS before a caution can be given. You should
ensure that the advice given by the CPS is recorded on the prosecution file and
direct when appropriate that the investigating officer liaise with the specialist
domestic abuse investigation officer when preparing the prosecution case papers.
A suspect granted investigative bail under section 37(2) PACE should be bailed for
no longer than is reasonably required to complete the investigative action. Unless a
protracted investigation or other compelling consideration such as the turnaround
time for a forensic examination is involved, the period should be no more than three
weeks. In cases where the advice of the CPS is to be sought, the period of bail
should be no longer than is necessary to complete any agreed action and submit the
necessary report.
8.6
Appendix F - Cross Divisional and Border Issues
Cross-divisional victims
If you become aware that one of your victims is moving to another division then you
must ensure that the following action is carried out:
• Create an intelligence entry on the Force intelligence system outlining the
change of address of the victim so that the other division is readily informed of
the move;
• Update PPI OPUS; and
• Contact the division and inform them of the circumstances.
If you become aware that a victim (someone experiencing current domestic abuse)
has moved from one division to yours then you must ensure the following action is
carried out.
• Obtain from the division (if not already available via PPIU OPUS) the current
risk assessment and risk level to that victim.
• With this information to hand and using your professional judgment you must
decide whether a victim requires a further risk assessment conducted and if
further safety planning should be put in place.
Cross-divisional perpetrator
•
Create an intelligence entry on the Force intelligence system outlining the
change of address of the perpetrator so that the other division is readily
informed of the move
Cross-border victims
If you become aware that one of your victims is moving to another force area then
you must ensure that the following information is provided to the receiving force:
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•
•
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Outside Force Notification Form generated by PPIU OPUS;
Ensure that all relevant information is attached; and
DASH risk assessment, safety planning in place, relevant intelligence.
If you become aware that a victim (someone experiencing current domestic abuse)
has moved from another force area to your division then you must carry out the
following actions.
• Obtain (if not already available) from the other force the information outlined
above.
• Using the information above and your professional judgment you should
consider carrying out a risk assessment and put any relevant safety planning
in place.
• Create an intelligence entry on the Force Intelligence System and create the
victim within PPIU OPUS.
Cross-border perpetrator
If you become aware that one of your perpetrators is moving to another force area
then you must:
• Create an intelligence entry on the Force Intelligence System outlining the
change of address of the perpetrator;
• Inform the receiving force PPIU equivalent of the change of address of the
perpetrator (obtain history from PPI OPUS and attach to secure email); and
• If you become aware that a domestic abuse perpetrator is moving from
another force area onto your division then you must:
o Ensure that all intelligence from the previous force areas where the
perpetrator has resided have been obtained in respect of domestic
abuse issues; and
o Ensure that relevant PPIU and intelligence updates are created
showing all domestic abuse history and intelligence
You must ensure all your decisions are recorded in PPIU OPUS.
8.7
Appendix G – Re-grading of domestic abuse incidents
Ordinarily, domestic abuse incidents should not be dealt with by the Customer
Services Desks (CSD) wherever possible. Where the incident has occurred at an
address with a D/V marker on the address, the incident will not be downgraded.
Clearly if the victim is not in a position to be seen at that time and the incident is not
ongoing it may be feasible to make an appointment to revisit them taking into
consideration all elements of risk.
However, where you are re-grading an incident from a high priority (1 or 2) to a low
for the CSD to deal with then you must take into consideration all relevant issues
reported by the caller and available information such as intelligence on Police
systems, prior to re-grading the incident. It is not appropriate for the CSD to deal with
a victim of domestic abuse on the phone.
Most incidents of domestic abuse make a victim vulnerable and any re-grading of an
incident to a lower grade must be considered carefully, taking the following
information into consideration:
• Any DA history or markers that we are aware of;
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•
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Whether there are children or other vulnerable people involved or normally
resident at the address and their welfare;
Whether there are any CA markers on the address; and
The nature of the call and assistance required by the victim/caller.
Authority to re-grade should be as per the Incident Response Policy (OCB
Supervisor) with rational endorsed on the FWIN.
8.8
Appendix H- Force-wide Incident Number (FWIN) Closure
The following closing codes must be used for an ACPO defined domestic abuse
incident:
D61 incident between adults (defined as anyone aged 16 and over for domestic
abuse), whether at the home address or not, where there was a child present or
where not present children ordinarily live at the address of one or both of the adults
involved in the incident.
D62 an incident between adults (defined as anyone aged 16 and over for domestic
abuse) where there were no children present or children do not ordinarily reside
there.
C59 Honour based violence and forced marriage incidents (where the victim is 18
years old and over).
The codes below should be used for incidents where a child is involved as per
the definition:
D63 domestic abuse incidents where either the victim or the perpetrator is a child
(under 16 for the purposes of domestic abuse).
GO7 where the child is the victim of an adult perpetrator.
C58 where the victim of honour based violence or forced marriage is under 18 years
old (with a G07 code).
On occasions you may need to close domestic abuse incidents with two codes. E.g.
where an incident has taken place at an address where there is a child abuse marker
and children present, you would close the incident with a D61 and G07 code.
You must always close a domestic abuse incident with the D code first followed by
the G07.
D64 to prevent a Breach of the Peace which occurs in a public or private place, and
does not amount to a Notifiable Crime. (This code should only be used where there is
no domestic abuse incident at the time but there has been previous domestic abuse
and the caller has asked for police assistance for example in removing property from
the marital address.)
If an officer has not been in a position to complete a risk assessment before the end
of their tour of duty then the FWIN must be fully documented explaining the reason
why. You must ensure that the incident is referred to the next relief for an officer to
pick up the incident and complete the risk assessment process with the victim.
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When an officer is at an incident completing the risk assessment process with a
victim you must show them State 8 in order for them to be in a position to complete
the process thoroughly.
Domestic Abuse Specialists
If there is reason to keep the FWIN open as it is being resourced, then you must
ensure that the officer in the case has the opportunity to complete the DASH risk
assessment in PPIU OPUS. There is no longer the facility to sequel FWINs therefore
you must:
•
•
•
•
Create a PPI Reference by submitting intelligence and ensure this PPI
reference is detailed on the FWIN;
Ensure the new PPI is completed with details of incident, linking and
DASH and treated as the master by the OIC;
When original FWIN is closed this will create another PPI which the OIC
should be advised to cross reference to the intelligence created PPI.
There is no need to fill in details of incident and DASH other than to refer
to the intelligence created PPI; and
This PPI should contain within relevant fields ‘Refer to PPI XXXX
duplicate PPI’.
8.9
Appendix I- Domestic Abuse, Stalking and Harassment and
Honour Based Violence (DASH 2009) Risk Model
Identification and management of risk is vital to provide immediate co-ordinated
intervention and prevention from harm. DASH has been designed to identify and
manage risk to victims of domestic abuse. It is important to complete the DASH
thoroughly in order for us to reduce repeat victimisation and build in effective safety
planning.
Risk assessment is all about:
•
•
•
•
Preserving life for all victims including children, family members etc;
Reducing serious incidents;
Preventing incidents turning critical; and
Reducing serious harm.
There are three parts to the DASH risk assessment model:
•
•
•
Part 1: risk identification by first response police staff.
Part 2: the full risk assessment review and enhanced risk assessment by
specialist Public Protection Investigation Domestic Abuse Staff.
Part 3: risk management and intervention plan by Public Protection
Investigation Domestic Abuse Staff.
The model also includes a separate risk assessment checklist for non-domestic
related stalking and harassment incidents (Aide memoir).
Once risk is identified and assessed it must be managed with the right responses in
order to ensure that risk of further harm is minimized. This involves the use of various
strategies by the police and other agencies to reduce the risk posed by an offender.
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Heightened Risk Factors
The 18 questions in bold on the DASH are those that point to a heightened risk to the
victim if answered positively.
There is also an additional question on the risk assessment form that gives you the
opportunity to include any other relevant information that may come to light, which
has not already been assessed.
When to complete DASH
You must complete the DASH risk assessment for all incidents of domestic abuse
where the victim is 16 and over and for all incidents of HBV where the victim is 18
and over. Complete DASH risk assessment within PPI OPUS prior to the end of
your tour of duty.
When you are dealing with domestic related staking and harassment incidents you
must complete the DASH checklist and also use the 1-11 Stalking and Harassment
questions as an aide memoir:
When to complete Concern for Vulnerable Persons 1-8
Where the victim is under 16 you must complete the 1-8 vulnerable persons
checklist:
•
•
•
For domestic abuse incidents where either the victim or the perpetrator is a
child (defined as anyone under 16 for the purposes of domestic abuse);
Where the child is the victim of an adult perpetrator; or
Where the victim of honour based violence or forced marriage is under 18
years old.
Detail the 1-8 criteria and responses clearly within the FWIN. For HBV you must
complete the 1-8 vulnerable persons checklist where the victim is under 18.
Asking the questions
It is imperative that ALL questions are asked and answers completed and recorded
accurately. Where necessary you must probe answers with more open questions.
You must ensure that this is completed accurately with answers given by the victim at
the scene of the incident.
Before you begin the checklist it may be useful to also know:
•
•
How much time the victim has to talk to you; and
Whether the perpetrator is around, due back or expected back at a certain
time.
When asking the victim the questions always ensure the following.
•
That they are asked at an appropriate time and place - There may be
some circumstances where it is not possible to complete the risk assessment
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immediately with the victim, for example they may need medical attention or
may be very intoxicated or the perpetrator may be due home. Under such
circumstances where you are not able to complete the checklist before the
end of your tour of duty you must ensure the FWIN is fully documented with
the circumstances and why the checklist was not completed at that time and
anything you may have observed at the time such as the state of the address,
victims injuries, children at the scene etc. It is imperative that arrangements
are made to conduct the checklist at the very earliest opportunity.
Under these circumstances seek advice from the Specialist PPIU.
•
That you explain why you are asking the questions - it is important that
the victim understands the reason for you asking these questions and that
you explain it is about their safety and protection and of any children or other
vulnerable people who may be at risk from the perpetrator.
•
Ascertain who is at risk – you must always consider other people who live
within the household and in particular where you know there are children who
ordinarily reside at the address you are responsible for checking on their
welfare if it is believed they are at the address or for ascertaining where they
are if they are not at the address.
•
What is the outcome of intelligence checks You must ensure you check all
intelligence available to you in respect of the incident and ensure that these
factors are considered when categorising risk. Intelligence will include the
information available to you on our police systems.
Information to help identify risk to the victim may also come from:
•
•
•
Witnesses;
Other agencies; and
People close to the perpetrator or victim.
Risk Categorisation
Once you complete the risk assessment you must then use your professional
judgment along with the risk indicators to identify and grade the risk posed to that
individual or any other person who resides at the address. It is your responsibility to
identify the level of risk to a victim and that risk remains your responsibility until
such a time such a time as specialist staff have the opportunity to determine whether
the level of risk is appropriate.
The risk process must remain dynamic. Events and circumstances may
undergo rapid and frequent change. Where this is the case, the assessment
must be kept under review.
It is important to remember that risk identification, assessment and management is
an ongoing process and that they are all interlinked and must be considered at all
stages of the investigation.
FWIN closure and DASH completion within PPIU OPUS
Once the incident is closed with the relevant closing code then this will instigate the
completion of the DASH checklist in PPIU OPUS. You must ensure that this is
completed accurately with answers given by the victim.
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It is only once you have completed this process that the Risk assessment will be
viewable by Specialist Domestic Abuse staff who can act accordingly on the
information that you have provided. Therefore, in order to protect the victim from
further serious harm, you must complete the checklist in PPIU OPUS before the end
of your tour of duty as you are responsible for risk to the victim until specialist
domestic abuse staff have the opportunity to review the incident.
You must not other than for specific work purposes access information within
OPUS which contains sensitive material.
PPI OPUS not available
In the event that PPIU OPUS is not accessible before the end of your tour of duty
e.g. it has gone down, then investigating officers completing the risk assessment
must ensure that the following process is carried out:
•
•
•
•
Accurately complete DASH risk assessment with victim;
Completion of DASH within FWIN;
Correct closing code applied; and
Ensure original questions are securely forwarded to divisional PPI (unless
associated documents as above) in which case a copy will suffice.
Public Protection Investigation Units Enhanced Risk Assessment
Ensure risk assessment categories identified by officers are correct and conduct
enhanced risk assessment for all victims in line with the risk assessment framework
below.
Enhanced risk assessments (ERA) must be carried out as below:
•
•
•
High Risk: To be carried out in full for both victim and perpetrator.
Medium Risk: You must aspire to carry out full ERA for both victim and
perpetrator. Where it is impractical to do so due to numbers of incidents then
you must still carry out the ERA process but not the INI and PNC checks.
Standard: ERA process for both victim and perpetrator but not PNC and INI.
If having reviewed the incident you feel that the category of risk needs to be
amended then you can alter the category and justify your reasons within the
appropriate field.
Note: Within the Enhanced Risk Assessment there is a question in relation to access
to firearms. Within PNC there will be an FC marker where someone has a firearms
certificate. In order to ascertain what certificates the person possesses you will need
to access page 2 of their PNC record and record those details on the Enhanced Risk
Assessment.
Where having used your professional judgment you feel the need to conduct
the DASH risk assessment process with those victims involved in non ACPO
defined incidents then you must:
•
Record why and the fact that you have conducted this within PPI OPUS on
the journal.
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In the event that PPI OPUS is not available, e.g. it has gone down, then you are
responsible for ensuring that the DASH risk assessment is completed within PPI
OPUS as soon as it is available.
Upon receipt of the paper copies you must carry out the following:
•
•
•
•
•
Ensure that all relevant details of the risk assessment process are contained
within the FWIN;
Ensure the level of risk identified is correct;
Ensure that the incident details, linking and DASH risk assessment is
completed within PPI OPUS when available by PPIU staff;
If there is a crime report submitted and/or someone is arrested and charged
with an offence then all the above documents will become associated
documents and should form part of the prosecution file; and
If there is no crime related to the incident the hand written paper copy of the
DASH questions (Form 411A) can be confidentially destroyed once the
answers have been input into PPI OUPS.
If having reviewed the incident you feel that the category of risk needs to be
amended then you can alter the category and justify your reasons within the
appropriate field in PPIU OPUS. You must ensure that any decisions you make
dealing with the incident are fully documented in PPIU OPUS.
Victim refused details
Where you receive a DASH risk assessment that states the person(s) involved
refused details then you must carry out all relevant checks based on the information
you have. Having gathered the information and using your professional judgment you
should consider whether some contact should be made with the victim if identified to
ascertain further circumstances and in order to carry out a full risk assessment
process. Record your decision making process within PPI OPUS.
Parties left scene prior to police arrival
Where officers attending the scene of an incident at a home address have been
unable to speak to one or both parties involved e.g. quiet on arrival, you must take
the following steps.
•
•
•
•
Carry out any relevant intelligence checks on the information provided on the
DASH risk assessment submitted by the officer.
Where you know the identity of one/both of the parties involved you must
check on the welfare of the parties involved and carry out the relevant risk
assessment process in full.
In cases of medium and high risk families already known to the police or
where there is a Domestic abuse marker on the address you should use the
intelligence available and make contact with the parties if appropriate. You
should check on their welfare and ascertain from them their reported
circumstances of the incident and carry out the DASH risk assessment
process
All decisions and actions must be recorded in PPIU OPUS.
For further information on PPI OPUS see
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http://gmpintranet.gmpnt.rootdom.gmp.police.cjx.gov.uk/PDQ/data.nsf/Files/EA
275AE4AECDDF7D802579BC0040EA7D/$FILE/ppiu%20handbook%20march%2
02012%20version%201.pdf
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Appendix J- Risk Assessment for Stalking and Harassment Cases
Non-domestic incidents
Where it becomes apparent that you are dealing with a stalking and harassment case
that is a non-domestic incident then you must refer to the Stalking and Harassment
Policy, which includes a Stalking and Harassment checklist for risk identification. This
checklist will direct you to specific areas that will give you an indication of the
victim(s) risk of future violence/harm. The more ‘yes’ answers you have, the higher
the risk that the offender could physically attack the victim at any time.
Domestic Incidents
If you are dealing with a domestic abuse incident, which includes stalking and
harassment, you must complete the DASH checklist. You must also refer to the
Stalking and Harassment questions. This checklist should be used as an aide
memoir in informing you of the relevant areas you should be considering whilst
talking to the victim.
The Aide Memoir Questions are at the rear of the DASH form and should be
completed with the victim where there is an indication of stalking and harassment.
Question 8 of the DASH should give you some indication of whether there is stalking
and harassment type behaviour.
8.11 Appendix K - Domestic abuse involving GMP officers, special
constables and police staff
As an employer of a large number of people, we need to recognise that there will be
both victims and perpetrators of domestic abuse within the organisation. Police
officers, special constables and police staff who commit domestic abuse related
offences should not be seen or treated differently from any other perpetrator and
should be investigated and held accountable through the Criminal Justice System.
1
Victim
If you are a victim, we encourage you to report the matter to a supervisor.
Greater Manchester Police understands that disclosing such information may be
difficult; however it is important that you receive the relevant support both at work
and also in your home environment in order to protect you from further incidents of
harm. It is also important that we support and protect any other vulnerable people
who you may live with such as children.
Our main concern is about your protection and welfare. If you choose not to speak to
your supervisor then you have the option to speak in private to Domestic Abuse
Safeguarding Vulnerable Person Unit, on ext 61709, 66586. Divisional Specialist
Domestic Abuse Officers will be sensitive to and support your individual needs and
circumstances. You should also consider making use of the support services offered
by:
• Occupational Health Unit [U] and the Welfare Unit [U]; and/or
• Police Federation, Unison, or the Superintendent’s Association or one of the
other staff associations if appropriate.
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Perpetrators
Domestic abuse perpetrated by GMP staff will not be tolerated. If you are found guilty
of any domestic related criminal offence, misconduct or disciplinary procedures, your
job may be at risk. Our policy seeks to ensure a thorough, impartial, confidential
investigation, while preserving the integrity of individuals and the force.
3
Serving Police Officer, Special Constable or member of Police Staff
If you receive a complaint of a domestic abuse incident involving a serving police
officer, special constable or a member of police staff, you should at once refer the
information to a supervising officer, of inspector rank or above. This officer will then
be responsible for informing the Duty Superintendent where the alleged incident
occurred.
If you know a member of staff who is a victim or perpetrator of domestic abuse then
you are duty bound to report any criminal offences that have been disclosed to you or
that you become aware of.
GMP understands that disclosing information that may have been given to you in
confidence by a colleague and friend may be difficult. However, you must take into
account the welfare of that individual and the welfare of individuals around them such
as children, whose lives you have a duty to protect.
You should inform an inspector or above of any incidents that give you cause for
concern about another’s welfare and by doing so you may prevent serious harm to
that person or even homicide.
GMP will make every effort to ensure that your actions in disclosing this information
do not impact on you negatively and that there are no repercussions from your
actions in the workplace.
4
Duty Divisional Superintendent or Force Duty Superintendent
You will, in all cases, safeguard the integrity of the incident and any subsequent
criminal investigation and ensure, wherever possible, that the suspect does not know
officers involved in the investigation of a case personally by taking into consideration:
•
•
•
The location of residence;
The place of work; and
Whether the officer or staff member concerned has previously worked for a
substantial period of time on the investigating division.
Where criminal behaviour is suspected and the offence location is within GMP,
appoint an investigating officer of at least detective inspector rank, who will lead the
criminal investigation.
It will remain this officer’s responsibility to secure and preserve evidence, direct and
monitor the progress and outcome of the investigation, and inform, no later than the
next working day, in writing:
•
•
•
A member of the alleged perpetrators senior management team;
The Duty Officer, Professional Standard Branch [Y]; and
The Head of the Safeguarding Vulnerable Persons Unit, Public Protection
Division
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Outside GMP Boundary
Where notification of a domestic abuse incident involving GMP employees occurs
which is outside the GMP boundary, you must inform, no later than the next day:
•
•
•
A member of the alleged perpetrators senior management team;
The Duty Officer, Professional Standard Branch [Y]; and
The Head of the Safeguarding Vulnerable Persons Unit, Public Protection
Division
Early notification of the Duty Officer, Professional Standards Branch must always be
made where the perpetrator is either a police officer or special constable, particularly
if an arrest has been made, to ensure that any subsequent interview also covers
potential misconduct matters. A written report can follow where deemed necessary.
All Parties Involved Must:
•
•
•
•
Recognise that these are very sensitive issues and sometimes difficult areas
to investigate, but ensure that serving police officers, special constables and
police staff are treated with integrity;
Make provision of support to the victim and the victim’s family ensuring the
provision of safety and child protection;
If the victim is a serving police officer, special constable or member of police
staff, consideration must also be given to current and previous working
circumstances and confidentiality; and
Ensure that the contents of the incident record (FWIN) comply with this policy
and are NOT sanitised. FWINs must be accessed for policing purposes
only, officers are reminded that unauthorised access may be audited.
Where non-criminal domestic abuse behaviour is alleged, the incident WILL
no later than the next working day be reported to the head of the Safeguarding
Vulnerable Persons Unit, Public Protection Division who will ensure that the
appropriate action has been taken.
5
Investigating Officer
•
•
•
•
•
•
•
•
•
•
•
•
Ensure that the arresting division is applying the Force Domestic Abuse
Policy.
Seek support and advice from Specialist Domestic Abuse officers where
appropriate.
Assume responsibility for co-ordinating and conducting the criminal
investigation.
Submit a crime in accordance with the National Crime Recording Standards.
Obtain all relevant antecedent family history through the divisional Public
Protection Investigation Unit.
Consider risk factors relating to the suspect.
Consider risk factors relating to the victim and any children.
Conduct thorough risk assessment process with victim using the DASH risk
assessment process.
Ensure that the DASH risk assessment and Enhanced risk assessment are
incorporated into suspect interview.
Consider public protection issues and community impact assessment.
Consider media strategy in liaison with the Press Office.
Make contact with the Duty Officer, Professional Standards Branch.
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•
•
•
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Endorse the Force daily summary.
Report the full circumstances including the police officer’s or police staff’s
collar or pin number, station and subsequent outcome in writing to the Head
of Safeguarding Vulnerable Persons Unit, Human Resources [U] and
Professional Standards Branch.
Keep the victim fully informed about the progress of criminal and internal
investigation and misconduct processes.
Keep the perpetrator fully informed of the progress of the criminal
investigation.
Liaise with the perpetrator’s division or branch to ensure that welfare
arrangements are in place.
•
6
Duty Officer, Professional Standards
•
•
•
•
•
•
•
•
•
•
7
Ensure the criminal investigation supports any subsequent misconduct
investigation.
Upon contact by the investigating officer obtain a summary of the allegation or
allegations and surrounding circumstances.
Establish that all potential witnesses have been identified and statements are
being obtained.
Satisfy yourself that all physical and forensic evidence has been identified
and preserved.
Confirm that a risk assessment is being conducted which addresses the
safety and welfare needs of the victim, the victim’s family and any witness
classified as vulnerable or intimidated.
Without prejudice to the investigation, remind the investigating officer of
GMP’s responsibility to monitor the welfare needs of the police officer under
investigation.
Make initial assessment of the need to suspend the officer or restrict the
officer’s duties.
Record the above information in your policy book.
Decide whether details of the incident should be referred to the Independent
Police Complaints Commission.
Inform the Chief Superintendent, Professional Standards Branch [Y] about the
incident.
Chief Superintendent, Professional Standards Branch
You will review the information provided by the Duty Officer and appoint a Liaison
Officer.
8
Liaison Officer, Professional Standards Branch
You will keep the victim and suspected perpetrator updated on the progress of any
misconduct matters.
9
Divisional Crime Manager
You will monitor and quality-assure the criminal investigation.
10
Member of staff from another force
In a case of reported domestic abuse incident where the suspect involves a serving
police officer, special constable or member of police staff from another force, it will be
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the responsibility of the Duty Superintendent ‘reporting force’ to report the matter to
the Duty Superintendent or Policing Standards Unit of the ‘employer force’.
11
Civil Orders
Police officers, special constables and police staff must report the existence of any
domestic abuse related civil orders (under the Family Law Act 1996 or Protection
from Harassment Act 1997) or child contact restrictions against themselves and any
proven or alleged breaches of such orders and restrictions immediately to a member
of their management team, who will inform the Public Protection Investigation Unit
Inspector who will ensure that the appropriate database are endorsed.
12
Domestic incidents involving police personnel
Any domestic incident involving police personnel MUST be investigated as above.
8.12
Appendix L – Domestic Abuse referrals
Information involving incidents of domestic abuse should be shared with Children’s
Social Care and Health where the incident involves any of the following: •
•
•
•
•
•
•
•
Victim or alleged/perpetrator is known to be pregnant; (or has given birth
within the last 12 months);
Child abuse marker (CA) on the address (AND there are vulnerability
issues/concerns);
A child/children under the age of 18 ordinarily resides in the household and a
child has made a call for assistance (AND there are vulnerability
issues/concerns);
A child/children under the age of 18 years ordinarily resides in the household
and it is the third reported incident within the previous 12 months (whether
the child was present or not at the time of the incident) (AND there are
vulnerability issues/concerns);
Serious incident or Crime recorded (where, in the professional judgement of
the officer, a concern warranting a referral exists);
All incidents that involve a previous MARAC case with the last 12 months;
Notification of CSC Open cases at request of CSC; or
Domestic incidents with High Risk Status (DASH).
Officers will still have the ability to use professional judgement to make a referral
which may fall outside of the above criteria, and to also use professional judgement
to decide not to make a referral if there are other agencies better placed to support
the family.
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Appendix M – Joint CPS and ACPO Evidence Checklist
For use by Police Forces and CPS in cases of Domestic Violence
Checklist of information to be provided to CPS at the time of charging decision. This
checklist does not replace the MG3 – but should complement it.
Officer In Case
Staff Number
Case Reference
Have you collected all available evidence, including material other than the complainant’s
Statement?
YES NO COMMENT
999 Call
Photographs; of scene and injuries (taken over time
as injuries develop)
Admissions
Medical evidence (if available at the time); signed
consent form; medical exhibits i.e. hair
Victim statement (include reference to previous DV if
relevant)
Other statements – neighbours following house to
house enquiries, children, attending Officer (to include
visible injuries, signs of struggle, disposition of
victim/offender, IDs of other persons present) and other
witnesses
CCTV/head cam footage (if relevant/available)
Is there relevant information to include from Police Records?
Bail history and any breach orders (including civil)
Previous Domestic Violence incidents (including
against other victims)/call outs/pre-convictions – for
defendant and victim/witnesses
DASH or local equivalent risk identification checklist
with outcome (i.e. MARAC case, high risk, standard
risk)
Any civil orders/proceedings and whether there has
been previous breaches
Any previous allegations (with URNs) and how these
allegations were concluded (if case did not proceed
why not?)
Information regarding the victim and/or incident
Whether victim has been contacted by
suspect/friends/family
Relationship status and history (to include domestic
arrangements), Police view of future relationship and
likelihood of recurrence/any threats
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Counter allegations/defence
Is the victim supported by a specialist DV service?
Ability/willingness of victim to attend court, give
evidence and any special considerations
Special measures needed? And type (views of victim
and IDVA/specialist support service) need to complete
an MG2
Does victim wish to retract? Have they previously
retracted? Officers statement on retraction and views
on witness summons (include victim/IDVA/specialist
support service views)
Safety of victim (victim’s views and IDVA/specialist
support service views)
Restraining Order – does the victim want a RO and if
so with what terms?
Victim Personal Statement
Any location(s) to avoid in bail conditions
Whether the Bail Amendment Act should be invoked in
a custody case
Information in relation to children
Whereabouts of children during incident (include
relation to victim/defendant and age)
Safety of children (Police and victim’s views)
Child Protection proceedings; include whether referral
was made to Children’s Services
Early and meaningful case building between Police and CPS in cases of
Domestic Violence is crucial to ensure effective prosecutions.
The information listed must be made available to CPS before charge decision in
every case of domestic abuse. Prosecutors must consider information before making
appropriate charging decisions.
CPS Legal Guidance on prosecuting domestic violence is available here
http://www.cps.gov.uk/legal/d_to_g/domestic_violence_aide-memoire/
Police inform CPS of any breach, further offences, submit files to CPS and
supply interview record in a timely way.
CPS guidance on charging in DV cases:
Prepare your case on the assumption that the victim may in the end not support
the prosecution. Consider all information provided by the police (see above).
Ensure that you liaise with IDVAs, Witness Care Units and specialist support
organisations, to ensure that the victim's needs particularly relating to safety are
addressed throughout the life of a case.
Comprehensively endorse MG3 including addressing any evidential strengths and
weaknesses
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Ensure you have information in relation to aggravating features and defence
Ensure that the Police follow Local Service Level Agreements by providing all
relevant material to the Duty Prosecutor.
Ensure any action plan you provide the police is detailed and prioritised
Consider victim’s evidence
-
-
On withdrawal/retraction review see LG
http://www.cps.gov.uk/legal/d_to_g/domestic_violence_aidememoire/#a24
Ensure specialist support is offered through an IDVA if available. And the
case is progressed through SDVC.
Has a Victim Personal Statement been taken and refreshed?
Have you considered a PTWI?
Apply for suitable bail conditions to prevent further offences or intimidation but that
do not restrict the victim and children.
Ensure special measures are considered and any application is made in a timely
way and results communicated to the victim.
Consider hearsay/bad character
Prevent unnecessary delay by taking timely decisions
Find out details of the defendant’s previous misconduct, if any, at the earliest
opportunity so you can assess whether this evidence could be used as part of your
case (If the suspect has committed or is suspected of having committed acts of
violence against different victims (a ‘serial‘ perpetrator), as well as considering
whether this information can be adduced as bad character evidence you should also
consider if these offences have sufficient nexus to be joined in the same indictment
(or can be heard as part of the same trial process in the magistrates’ court). Consider
time limit on summary only offences, and whether there is sufficient nexus
Explore credibility of defendant’s account
Consider expert evidence
Find out whether there are any concurrent or imminent public law or private law
family proceedings or civil proceedings and remedies involving the complainant
and/or accused. Also, find out whether Social Services has been alerted to the
violence or involved with the family.
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