The Police
The police
have a duty of positive action, under the Human Rights Act 1998,
to take reasonable action within their powers to safeguard the rights
of victims and their children. The police are making improvements
in the way they deal and respond to incidents of domestic violence.
There should now be measures in place in all police forces to ensure
that officers are aware of domestic violence and have the knowledge
to deal with incidents effectively.
It is the
decision of the police officer whether or not to arrest a suspect,
and the latest police guidance on investigating domestic violence,
published by the Association of Chief Police Officers (ACPO), makes
clear that victims should not be asked whether they require an arrest
to be made. 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 and
an effective investigation to be completed in all reported cases
of domestic violence.
In practice
this will usually mean that where a power of arrest exists, it will
normally be exercised to allow the investigation to be completed
and/or prevent further offences. If a power of arrest exists but
the officer decides not to use it, they need to record why and give
the victim an explanation. In the past, police arriving at the scene
could find that the alleged offender has already left the premises
and the victim was not visibly injured and reluctant to press charges.
Even if they felt that the abuser represented a threat to the victim
they were powerless to arrest. The new guidelines mean those victims
who are too scared to come forward, or those who are dissuaded from
pressing complaints by partners or family members, are free from
the pressures of making the decision.
The new
guidance also gives an introduction to the general features of domestic
violence, and then goes through the various aspects of police involvement:
from arrival on the scene; evidence gathering and arrest to interviewing
and charging of the perpetrator. It emphasises throughout the importance
of a victim’s safety, and of referring them to specialist
support. The guidance also emphasises that officers should be vigilant
to domestic violence when investigating child - and vulnerable adult
- abuse (and for child abuse when investigating domestic violence)
given the concurrence between domestic violence and child abuse.
The guidance on Policing Domestic Violence, is backed by a seven
part training package for police developed by CENTREX. This training
is compulsory for all new probationer police officers.
Many Police
forces now also have Domestic Violence officers, who are in place
to guide officers on scene. This is in keeping with the Police’s
desire to reduce domestic violence re-offending, while encouraging
victims to come forward. In the future, forces can be held accountable
if their domestic violence practice and policy is not at the standard
ACPO sets.
