Multidisciplinary approach to Domestic Violence and Abuse in Northern Ireland

Multidisciplinary approach to Domestic Violence and Abuse in Northern Ireland Rachel Lindsay, Criminal Justice Inspection Northern Ireland Cappadocia,...
Author: Derick Owen
2 downloads 0 Views 343KB Size
Multidisciplinary approach to Domestic Violence and Abuse in Northern Ireland Rachel Lindsay, Criminal Justice Inspection Northern Ireland Cappadocia, Turkey 13 October 2011

Multidisciplinary approach on combating domestic violence in Northern Ireland Police Service of Northern Ireland

Courts Service

Voluntary/community sector

Domestic Violence

Courts Service Judiciary

Department of Justice Public Prosecution Service

Police Service of Northern Ireland • Prevention/awareness raising

• Responding to incidents (every 21 mins) • Risk assessment • Arrest of perpetrators (positive duty of arrest on arrival at scene) • Breach of bail arrests • Investigation of crimes (Domestic Violence Officers) • Support to victims (sign-posting)

Public Prosecution Service • Receipt of case files from Police Service • Decision whether to prosecute: – ‘Test for prosecution’ in two parts: the ‘Evidential Test’; the ‘Public Interest Test’ • Specialist domestic violence prosecutors give advice • Prosecution Service passes cases to be prosecuted to the Courts Service to be listed and arrange witnesses • Case presented in court (Magistrates’ or Crown court) by Public Prosecutors or Counsel (junior or senior barrister)

Courts/Judiciary • Case listed in Criminal (Magistrates’ or Crown) Court • Court facilities for victims e.g. Victim Support ‘Witness Service’ pre-court visit and support on the day of the trial • ‘Special measures’ provisions - victims who are intimidated or in fear and distress can give evidence by videolink/behind screens etc • Most cases heard by a District Judge in the Magistrates’ Court or a jury in the Crown Court • Judges make decisions on guilt of defendant (Magistrates’ Court) • Judges sentence convicted perpetrators (Magistrates’ and Crown Courts) - pre-sentence reports provided by Probation Board • Courts also manage cases in Civil or County Court (e.g. where victims apply for a ‘Non-Molestation Order’)

Voluntary and Community Sector • Womens’ Aid: – Provide emergency refuge for women and their children – Provide support during a police investigation/prosecution – Provide outreach and support to women overcoming domestic violence • NSPCC: – Campaign to end violence and cruelty to children – Provide training to practitioners – Offer support services and counselling to children who have been subject to abuse • Services for men: – Men’s Advisory Project - provide counselling and support to male victims – Men’s Aid NI - provide advice and support for male victims

Multi-agency collaboration • Strategy and Policy : – Tackling Violence at Home Regional Strategy: • Regional Steering group on domestic violence (protection and justice subgroup) • Collaboration between criminal justice agencies, health agencies and voluntary and community sector • Action Plans to develop policy and practice – Individual agency policies and national guidance • Collaboration with voluntary/community sector: – Women’s Aid Support Workers in police stations to provide support to victims during investigation process

Multi-agency collaboration • Risk assessment processes – ‘DASH’(Domestic Abuse, Stalking and Harassment) Risk Assessment Checklist completed by first responders – Domestic Violence Officers identify high risk cases – Victims cases can be passed to a ‘MARAC’ (Multi-agency Risk Assessment Conference) – Victims will in future be offered support from an Independent Domestic Violence Advisor – Support offered in relation to accommodation, security, social welfare, criminal justice processes

Questions?

www.cjini.org

Inspection of the approach in Northern Ireland: The Process 14 October 2011

Overview

• Who are Criminal Justice Inspection? • Design and planning • Research, fieldwork and data collection • Reporting and publication

Who are Criminal Justice Inspection Northern Ireland? • Independent statutory inspectorate • Responsibility for inspecting all aspects of the criminal justice system in Northern Ireland apart from the judiciary • Single-agency and thematic inspections • Reports sent to Minister for Justice for permission to publish and then made publicly available (media, stakeholders, website) • Team comprises Chief Inspector, Deputy Chief Inspector, seven inspectors (range of backgrounds) and small business support team

Design and Planning • Identification of inspection topic - annual inspection programme developed by consultation with Minister of Justice and his department, criminal justice agencies, stakeholders - published in Corporate and Business Plans; • Preliminary research • Development of inspection Terms of Reference • Write to agencies to advise of inspection • Identification of agencies representatives and stakeholders (police, prosecution, courts staff, judiciary, children’s organisations, domestic violence campaigners - male and female, housing executive, victim’s organisations, victims)

Research, fieldwork and data collection • Benchmarking and research : – Relevant research reports; – Strategy, guidance and policy documents (national and NI specific) – Data on domestic violence collected from agencies. • Development of interview questions from research - in line with CJI inspection framework (Strategy and Governance; Delivery; Outcomes or Projected Outcomes) • Case file review? (Sexual Violence and Abuse inspection) • Fieldwork with agency representatives, stakeholders and victims: – One to one meetings – Focus groups

Reporting and publication • Drafting of report • Internal approval by Chief Inspector and Deputy Chief Inspector • Factual accuracy check with agencies • Final report produced • Permission to publish sought from Minister • Report publication process (press release drafted, media, agency contacts and stakeholders sent copies of report, press interviews, report published on CJI website) • Recommendations feed into Regional Strategy on Domestic Abuse

Questions?

www.cjini.org

Inspection of the approach in Northern Ireland: Findings and recommendations 14 October 2011

Overview • Initial response • Investigation and file preparation • Review, decision-making and case building

• The trial • Victim support and care

Initial response (1) • Policies and procedures in existence and police represented on Regional Steering Group - although variations in implementation across police districts • Variations in quality of information provided to officers by call takers • Development of a call taker checklist based on national guidance to support the victim and gather evidence • Issues in gathering evidence at scenes • PSNI should, in consultation with the Public Prosecution Service,: • introduce digital photographic equipment for response officers • explore the feasibility of further roll-out of Body Worn Digital Recording system to other police districts

Initial response (2) • Reasonable delivery of generic training (response officers, call takers) • Variations in quality of service provided by response officers • PSNI should ensure proactive monitoring by supervisors to ensure consistency of approach, particularly in reviewing decisions not to arrest; and, in cases of serious crime, supervisors should take an active role from the outset in ensuring an effective and consistent investigation takes place • Issues for victims accessing civil orders (lack of financial resources) • Consideration should be given by legislators to seek creation of legislation regarding ‘Domestic Violence Protection Orders’

Investigation and file preparation (1) • Reasonable quality of training for specialist Domestic Abuse Officers but issues about numbers trained as detectives - issues of consistency for victims of domestic abuse vs. victims of other assaults • PSNI should review the role and skills set of Domestic Abuse Officers and Public Protection supervisors and consider the need for a proportion of officers working in domestic abuse to be training to relevant investigative standards • Good level of partnership working (involvement in and coordination of MARAC, Women’s Aid support workers in 2 districts) - issues around resources and funding • PSNI should explore, in conjunction with Women’s Aid, the possibility of further co-location of support workers with Domestic Abuse Officers

Investigation and file preparation (2) • Difficulties in dealing with victim withdrawal - use of ‘victimless prosecution’ • Identification of high-risk victims and referral to a MARAC • Attempts to monitor and track previous perpetrators • Different levels of priority for domestic abuse across police districts

Review, decision-making and case building (1) • PPS policy in relation to domestic abuse and represented on Regional Steering Group • Good level of training for prosecutors and appointment of domestic violence specialists • Decisions whether to prosecute taken in accordance with the Code for Prosecutors (the Test for Prosecution; the Evidential Test and the Public Interest Test) • PPS had conducted their own thematic review of 86 files and identified a high level of withdrawals (in 56% of these files the victim withdraw support for the prosecution of which about half withdrew prior to the prosecution decision being made)

Review, decision-making and case building (2) • PPS prosecutorial decisions issued 2008-2009: • 53% directed no prosecution • 39% summary prosecution (Magistrates’ Court) • PPS should continue to review domestic violence and abuse files where a no prosecution decision has been taken to ascertain whether actions could be taken, where appropriate in conjunction with the PSNI, to improve the likelihood of the Test for Prosecution being met • Difficult to make decisions around ‘victimless prosecution’ where the Evidential Test is met by other evidence as lack of objective risk assessment from police about the safety of the victim • PSNI and PPS should reach agreement about inclusion of assessments by officers of the reasons for withdrawal statements being made and view about whether and, if appropriate, how the case should proceed to prosecution without the consent of the victim/witness

The trial (1) • Majority of cases were less serious summary cases heard in Magistrates’ Court (96%) and prosecuted by Public Prosecutors • Some concerns raised about performance of prosecutors in court • PPS should continue to ensure monitoring of performance and feedback given to prosecutors

• Insufficient time to speak to victims on day of trial • Issues when victim doesn’t appear in court to give evidence leading to adjournments or case collapsing • Development and implementation of additional methods of seeking confirmation of attendance at court and consider alternative courses of action where it is believed victim may not attend

The trial (2) • Development of Specialist Domestic Violence courts in England and Wales but none in NI - mixed models of approach • Protection and Justice Sub-Group of the Regional Steering Group should evaluate the feasibility of developing a specialist court in the next Action Plan

• Reasonable success in court: • Magistrates Court - 61% conviction rate • Crown Court - 83% conviction rate

Victim support and care • Variations in views from victims as to quality and level of support received from criminal justice agencies

• Positive feedback about support received from victim support groups • No Independent Domestic Violence Advisor (IDVA) service in NI • Department of Justice should develop a properly resourced IDVA service to provide advocacy and support for victims to complement MARACs • 20% of victims of domestic violence and abuse were male - focus on this in officer training, preventative publicity - but still issues raised about stereotyping

Questions?

www.cjini.org

Suggest Documents