Australian Domestic & Family Violence CLEARINGHOUSE Key issues in the establishment of specialist domestic/family violence courts in Australia

Transcription

1 Australian Domestic & Family Violence CLEARINGHOUSE Key issues in the establishment of specialist domestic/family violence courts in Australia Presented by Julie Stewart, Senior Research Officer, Australian Domestic Violence Clearinghouse, University of New South Wales

2 INTRODUCTION hundreds of specialist domestic violence courts operating in United States, several in Canada, particularly in Ontario, a few in New Zealand and about a dozen in the United Kingdom in Australia so far, models of specialist courts operate five States and one Territory; little data to indicate progress to date the following presentation is a synthesis of what is found in the literature, mostly from overseas

3 RATIONALE development of specialist domestic violence courts through the 1990 s; simultaneous with rethinking of the philosophy underpinning the resolution of criminal offences and a shift away from retributive justice towards therapeutic justice criticism by feminist workers, feminist and legal researchers/academics of the failure of the criminal justice system to respond appropriately to domestic violence and its complexities and to meet the needs of victims attending court

4 PURPOSE expedition of matters improved criminal justice response: higher standard of policing, increased levels of prosecutions, increased guilty pleas integration and co-ordination of legal and service responses increased awareness of service and information needs of victims improved quality of referral and access to services monitoring, case co-ordination and case management victim satisfaction offender accountability

5 IN AUSTRALIA SO FAR South Australia (Central Violence Intervention Program, Adelaide; Northern Violence Intervention Program, Elizabeth) Western Australia (in particular, Joondalup Family Violence Court) Australian Capital Territory (ACT Family Violence Intervention Program) Victoria (Family Violence Court pilots in Heidelberg and Ballarat) New South Wales (Domestic Violence Intervention Court Model pilots in Campbelltown and Wagga Wagga

6 PROGRAMS IN OTHER STATES Tasmania: Safe at Home Northern Territory: Domestic and Family Violence Strategies Queensland: review of legislation following the findings of the Queensland Crime and Misconduct Commission; Gold Coast Domestic Violence Integrated Response

7 PRINCIPLES victims interests to be at the heart of the process emphasis on criminalisation of domestic violence empowerment for victims responsibility and accountability of offenders respect

8 ASSUMPTIONS recognition at the government and local of the need to improve the criminal justice response and concomitant service responses to victims of domestic violence recognition at the government and local level of the primacy of safety for women and children who have been victims of domestic violence a commonly held position amongst agencies (law enforcement, judicial, service provision, legal practices) that domestic violence offences are criminal offences

9 ASSUMPTIONS (cont.) a commonly held position amongst agencies that improved, strengthened criminal justice responses to domestic violence are essential and pro-arrest, proprosecution policies are articulated and implemented a commonly accepted view within that community of professionals that mainstream court operations and systems do not respond well or appropriately to the legal and safety needs of victims and their children a high level of co-operation between police, court staff, judiciary, legal practitioners and a wide range of service providers which respond to domestic violence in the catchment area of the court

10 ASSUMPTIONS (cont.) a high level of co-operation and collaboration across sectors (police, courts, service providers, solicitors, prosecutors, perpetrator treatment/education programs, legal aid, court support and advocacy) mutual understanding of the responsibilities, roles and constraints of involved agencies commonly agreed upon outcomes, best practice principles, ethics, integrity of the process, management, monitoring, evaluation

11 ASSUMPTIONS (cont.) co-ordination, recognising the importance of a centralised lead agency as a driver, ensuring coordination, data collection, monitoring and evaluation specialised training for and implementation of best practice: especially in policing, legal representation, prosecution, advice, information, advocacy, support, referral and service delivery existence of specialist services and adequate resourcing of local agencies to respond appropriately to the needs of victims and their children, including counselling, support, advocacy, legal representation, accurate information and advice and appropriate

12 ASSUMPTIONS (cont.) existence and adequate resourcing of specialist services to provide accountable, professional, appropriate, accredited court-ordered treatment/education programs for offenders of domestic violence collaboration within the community of affected professionals in developing procedures and protocols for the smooth operation of the system and to overcome existing and emerging problems.

13 OBJECTIVES to demonstrate an emphasis on a strengthened criminal justice response to domestic violence to provide expeditious, professional and appropriate policing responses to domestic violence to ameliorate the experience at court for victims of domestic violence to provide high quality policing, court and service responses to domestic violence to ensure expedition of cases through the court system

14 OBJECTIVES (cont.) to provide safety for victims at court to provide for the safety and ongoing protection of victims of domestic violence by maintaining a victim-focused program, to validate and empower victims of domestic violence to ensure that offenders accept responsibility for their violence and are accountable for it to reduce the incidence of domestic violence to prevent domestic violence

15 WHAT IS DIFFERENT FROM THE MAINSTREAM? victim focus superior expertise of personnel co-ordination and integration of services responses, particularly with the legal system

16 A NEW APPROACH? Or just new packaging?

17 INTENDED OUTCOMES increased level of awareness of domestic violence within the communities and of the agencies that respond appropriately to it raised awareness of offenders and victims that action will be taken by police if a domestic violence incident is reported to police increased rate of reporting of domestic violence increased victim participation a lessened rate of withdrawal from proceedings

18 INTENDED OUTCOMES (cont.) proactive policing and improved investigation methods in domestic violence offences increased rate of guilty pleas and convictions for domestic violence offences, due in part to better evidence and brief preparation decreased rate of withdrawal of charges higher level of safety for victims of domestic violence and their children

19 INTENDED OUTCOMES (cont.) more appropriate protection orders, tailored to the victims circumstances, including family law issues increased quality of service delivery increased interagency co-operation consistency of approach to domestic violence co-ordination of services, court and policing responses

20 INTENDED OUTCOMES (cont.) accountability of courts and court personnel to the community and service providers reduction and prevention of further domestic violence offender accountability through court-ordered programs post-conviction and reporting-back to court post-program victim satisfaction with the process

21 HOW TO ACHIEVE OBJECTIVES AND OUTCOMES forward-planning a legislative base to support the program additional resources a high-level commitment to the principles and integrity of the process across all the government departments and non-government agencies co-ordination and monitoring by a central lead agency

22 MONITORING AND EVALUATION compatible databases and records systems ongoing monitoring by the lead agency specialist staff and specialist services training in best practices ongoing independent evaluation

23 POLICING immediate, timely and appropriate professional response by police adoption of a victim-focused approach courtesy to victims and offenders thorough investigation of the crime scene, including involvement of forensic investigators gathering of evidence, including exhibits recording of detailed statements to meet evidentiary requirements

24 POLICING (cont.) appropriate criminal charges immediate application for telephone interim order appropriate bail conditions ongoing involvement in applications for protection orders further investigation and gathering of additional evidence, as necessary, for example, medical records timely preparation of high quality brief

25 POLICING (cont.) early involvement and preparation of dedicated and specially skilled prosecutors prosecutor to meet with investigating officer, victimwitness and other witnesses timely arrest and service of summons, applications, etc raised community awareness that police will take action if called to a domestic violence incident

26 CHALLENGES many! inspiring high-level and local level commitment ensuring governments match rhetoric with financial commitment