OFFICIAL

Policy Statement

Policy: / Domestic Abuse Policy Statement
Approved by which board (or Chief Officer) and date: / Operations Board, November 2016
Owner / Detective Chief Superintendent, CID
For release under Freedom of Information? / Yes
Supporting procedures / College of Policing APP Domestic Abuse
DVDS guidance
DVDS/DVPO guidance
ACPO Caada Dash risk assessment
MARAC operating procedures
SDVC Protocol
Contact for advice / Detective Superintendent Public Protection
Review date / September 2019 and every three years subsequently

If changes have been made to an existing policy statement, you must complete the boxes below

Amendments made / Removal of Cumbria Constabulary procedures following introduction of College of Policing APP.
Date and Version Number / September 2016

Equality Analysis

Equality Impact Assessment completed.

2Aim

The aim of the policy is to ensure that the Constabulary response to domestic abuse achieves the following priorities effectively and consistently:

  • To protect the lives of both adults and children who are at risk as a result of domestic abuse.
  • To investigate all reports of domestic abuse.
  • To facilitate effective action against offenders so that they can be held accountable through the criminal justice system.
  • To adopt a proactive, multi-agency approach in preventing and reducing domestic violence.

3Terms and Definitions

3.1Cumbria Constabulary has adopted the national ACPO definition of Domestic Violence (Abuse) which is:

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.

3.2 Cumbria Constabulary will ‘work’ within the following definition for Honour Based Abuse;

‘A crime or incident, which has or may have been committed to protect or defend the honour of the family and/or community’ (ACPO Working Definition 2008).

3.3Forced Marriage;

‘A marriage without the valid consent of one or both parties and where duress is a factor’.

(Duress has been recognised by the Court of Appeal, which stated that the test for duress was…’ whether the mind of the applicant (sic victim) has been overbourne, however that was caused’

3.4 Female Genital Mutilation;

‘Female genital mutilation (FGM), also known as female genital cutting and female circumcision, is the ritual removal of some or all of the external female genitalia. Typically carried out by a traditional circumciser with a blade or razor, with or without anaesthesia.’

3.5‘Family members’ include mother, father, son, daughter, brother, sister, grandparents, whether directly related, in-laws or stepfamily.

3.6‘Intimate partners’ means there must have been a relationship with a degree of continuity and stability. The relationship must also have had (or reasonably supposed to have had) a sexual aspect, such as in the relationship between husband and wife or between others generally recognised as a couple including same sex couples.

3.7‘Physical Abuse’ means any offence of violence, such as common assault, ABH or GBH.

3.8‘Sexual abuse’ means rape, indecent assault and any other sexual offence.

3.9‘Emotional or psychological abuse’ means any harm deliberately or recklessly inflicted on another person’s emotional well-being. This may not amount to a specific offence, but could fall under the Protection from Harassment Act 1997.

3.10‘Financial abuse’ is the abuse of power in a relationship where one partner maintains control over the other’s money. Again, this may amount to an offence under the Protection from Harassment Act 1997.

3.11‘Safe lives’ is a national charity dedicated to ending domestic abuse and its national guidance underpins this policy. It was formally known and referred to as ‘CAADA’ is the Coordinated Action against Domestic Abuse.

3.12This policy and procedures categorise domestic abuse cases into three risk levels in line with national Safe Lives and ACPO guidance: High, Medium and Standard.

3.12.1‘High Risk’ is defined as: There are identifiable indicators of serious harm. The potential event could happen at any time and the impact would be serious.

Risk of Serious Harm (Home Office 2002, OASYs 200)

‘A risk which is life threatening and/or traumatic, and from which recovery whether physical or psychological can be expected to be difficult or impossible’.

3.12.2 ‘Medium Risk’ is defined as: There are identifiable indicators of risk of serious harm, the offender has the potential to cause serious harm but is unlikely to do so unless there is a change in circumstances, for example failure to take medication, loss of accommodation, relationship breakdown, drug or alcohol misuse.

3.12.3‘Standard Risk’ is defined as: Current evidence does not indicate likelihood of causing serious harm.

3.13‘MARAC’ is a Multi-Agency Risk Assessment Conference held for all highrisk domestic abuse cases in order to reduce repeat victimisation.

3.14‘Repeat Victim’ is defined as a victim of domestic abuse who has reported an incident of domestic abuse within the previous twelve months.

4The Policy

Cumbria Constabulary is committed to tackling domestic abuse effectively and views domestic abuse

as unacceptable in all forms. It supports a robust, pro-active and multi-agency approach towards

dealing with the causes and effects of domestic abuse through the use of this policy and supporting

procedures.

5Supporting Information

5.1 College of Policing APP: Domestic Abuse

5.2 ACPO (2008) Guidance on Investigating Domestic Abuse.

5.3ACPO Policy on Police Officers who commit Domestic Violence–Related Criminal Offences.

5.5Cumbria Magistrates’ Courts Specialist Domestic Violence Courts (SDVC) Protocol.

5.6Multi-agency Statutory Guidance for the Conduct of Domestic Homicide Reviews (2013).

5.7MAPPA Guidance (2012) Version 4.0.

5.8Cumbria Constabulary Threats to Life Policy & Procedures.

5.9 Cumbria LSCB Domestic Abuse Procedures.

5.10The Bridgeway Policy & Procedures

6 Monitoring and Reviewing

This policy will be monitored and reviewed by the Detective Superintendent Public Protection

and Crime Operations on an on-going basis for implementation issues, consistency of application

and potential for discrimination through data in relation to complaints received.

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