Domestic Abuse Policy

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1. Statement of Policy

Dyfed-Powys Police has made tackling domestic abuse a strategic priority for the force. This is our aim to eradicate domestic abuse in our force area. To take any position less that this would be an acceptance to some level of tolerance.

Dyfed-Powys Police recognises the impact that domestic abuse has on the lives of victims, children and our communities. The long term impact often perpetuated through the generational cycle due to trauma responses developed whilst exposed to domestic abuse at a young age. The suffering is often hidden from view creating additional barriers to accessing support.

We recognise that Domestic Abuse cannot be tackled by policing alone and we will seek to maximise or engagement with local and national partnerships to ensure that we are achieving our aims. The principles of joint working will not be limited to practical engagement in incidents and will include; information sharing, co-location and joint funding.

The aim of this policy is to ensure that Dyfed-Powys Police has a consistent and

professional approach to policing incidents of Domestic Abuse, in line with the

College of Policing Authorised Professional Practice for Domestic Abuse which

sets out principles and standards to follow. All officers and staff will understand

their responsibilities when dealing with incidents of Domestic Abuse in order to

reduce the risk of harm to victims.

This will be achieved by:

Ensuring all Dyfed Powys Police public facing employees have sufficient training to identify the signs of domestic abuse at the first point of contact.
Providing a response to all domestic abuse related calls that gives due consideration to ongoing risk through the use of the Domestic Abuse Stalking & Harassment (DASH) risk assessment tool whilst considering the circumstances and needs of the victim.
Recognising the risk of harm from abusive behaviours such as stalking, harassment and forms of physical, emotional, sexual, economic abuse and controlling coercive behaviour, and responding to this to protect anyone perceived to be at risk of harm.
Undertaking evidence led investigations to ensure offenders are held accountable for their actions without dependence on the victims evidence. We will seek a criminal justice outcome to bring to justice those who perpetrate domestic abuse related crimes.
Establishing an effective risk assessment and risk management plan in all cases of domestic abuse. Where appropriate working with our partners to provide effective support and protection to victims by delivering an effective service which recognises that abuse can differ in nature, dynamics and impact. The Violence Against Women and Girls toolkit will act as a framework for risk management.
Establishing an effective long-term management of offender behaviour through the use of orders and multiagency engagement. Where possible we will seek to provide rehabilitation opportunities that bring about long-term behavioural change.

Applies (but not limited) to: All categories of Dyfed-Powys Police employees, whether full-time, part-time, permanent, fixed term, temporary (including agency staff, associates and contractors) or seconded staff. Any employee accessing and using Force assets and property must have due regard to the contents of this policy.

2. Policy Scope

This policy will be made available for all staff to follow during the course of their duties and officers will be provided specific localised procedure guidance in line with Authorised Professional Practice on domestic abuse from the College of Policing.

Dyfed-Powys Police will work in partnership with external agencies to identify and safeguard those at risk, and ensure information is shared appropriately to protect vulnerable adults and children. We are aware of the importance of a trauma informed approach and will seek to understand how protected characteristics and vulnerabilities may impact on the victim and to understand and remove barriers.

We will seek to build trust to help people disclose Domestic Abuse offences– for example by increasing confidence in minority groups who fear persecution if in contact with law enforcement agencies.

Safeguarding those at risk of domestic abuse is everybody’s responsibility and Dyfed-Powys Police will equip its staff to recognise and respond quickly and effectively to protect those at risk of harm. This includes recognising the impact of police attendance on children in the household.

The principles of this policy will be followed by all staff when dealing with the pattern of reporting, responding to, investigating and prosecuting domestic abuse incidents. Dyfed-Powys Police guidance will provide details of the responsibilities of all parties involved in the conduct and management of investigations, from first contact with an employee of Dyfed-Powys Police to post-trial evaluation which is available on the internal intranet site.

The safety of victims is paramount. Failure to identify and robustly deal with domestic abuse at the earliest opportunity erodes confidence and allows suspects to continue their behaviour. This may leave victims exposed to escalating risk, including increased violence, sexual assault and homicide. The risks to victims must therefore be carefully considered in these cases. This is not only in respect to the direct risk from the suspects to the victims, but also anyone connected to victims, such as their children and dependents, family members and friends.

This policy needs to be read in conjunction with the Honour-Based Abuse (HBA), Forced Marriage and FGM policy. Although there’s no statutory definition of HBA, HBA is a collection of practices used to control behaviour within families and communities to protect their perceived honour, or address shame or embarrassment perceived to have been brought to the family. Perpetrators of HBA can include current or former intimate partners, birth family members (such as parents, siblings or cousins) or in-laws therefore meeting the definition of Domestic Abuse.

We will adhere to the National Crime Recording Standards (NCRS) by recording crimes correctly and flagging them as ‘Domestic Abuse’, also ensuring that behaviours such as coercion and control, harassment and stalking, which may form part of the abuse, are recorded as separate offences. Breaches of orders will be considered as a new offence of stalking/harassment.

We will ensure that victims are provided with information about the criminal justice process and are updated regularly as per their rights under the Victim’s Code. All victims will be provided with information relating to the special measures provisions available to support the evidence being provided.

We are committed to sharing information with schools under Operation Encompass so that trained staff can provide emotional support and practical help to pupils affected by Domestic Abuse.

Where perpetrators are identified we will consider and use the range of tools available to us to manage risk posed by offenders: Conditional Bail; Domestic Violence Protection Notices (DVPN) / Domestic Violence Protection Orders (DVPOs); Restraining Orders; Stalking Protection Orders (SPO’s); Forced Marriage Protection Orders (FMPO’s); FGM Protection Orders (FGMPO’s).

Definitions

The statutory definition of Domestic Abuse is found in s. 1-3 of the Domestic Abuse

Act 2021:

s.1 – Definition of Domestic Abuse

Behaviour of a person (“A”) towards another person (“B”) is “domestic abuse” if—

(a) A and B are each aged 16 or over and are personally connected to each other,

and

(b) the behaviour is abusive.

Behaviour is “abusive” if it consists of any of the following—

(a) physical or sexual abuse;

(b) violent or threatening behaviour;

(d) economic abuse (see below);

(e) psychological, emotional or other abuse;

and it does not matter whether the behaviour consists of a single incident or a course

of conduct.

“Economic abuse” means any behaviour that has a substantial adverse effect on B’s

ability to:

(a) acquire, use or maintain money or other property, or

(b) obtain goods or services.

-For the purposes of this Act A’s behaviour may be behaviour “towards” B despite

the fact that it consists of conduct directed at another person (for example, B’s child).

s.2 – Definition of ‘Personally Connected’

(1) Two people are “personally connected” to each other if any of the following

applies:

(a) they are, or have been, married to each other;

(b) they are, or have been, civil partners of each other;

terminated);

(d) they have entered into a civil partnership agreement (whether or not the

agreement has been terminated);

(e) they are, or have been, in an intimate personal relationship with each other;

(f) they each have, or there has been a time when they each have had, a parental

relationship in relation to the same child (see subsection (2));

(g) they are relatives.

(2) For the purposes of subsection (1)(f) a person has a parental relationship in

relation to a child if —

(a) the person is a parent of the child, or

(b) the person has parental responsibility for the child.

(1) In this section —

“child” means a person under the age of 18 years;

“civil partnership agreement” has the meaning given by section 73 of the Civil Partnership Act 2004;

“parental responsibility” has the same meaning as in the Children Act 1989;

“relative” has the meaning given by section 63(1) of the Family Law Act 1996. (see

below)

“Relative” means

(a) The father, mother, stepfather, stepmother, son, daughter, stepson,

stepdaughter, grandmother, grandfather, grandson or granddaughter of that

person OR that person’s spouse, former spouse, civil partner of former civil

partner;

(b) The brother, sister, uncle, aunt, niece, nephew or first cousin (whether of the full

blood or the half blood or by marriage or civil partnership) of that person OR of

that person’s spouse, former spouse, civil partner or former civil partner.

In relation to a person who is cohabiting or has cohabited with another person, it

includes any person who would fall within paragraph (a) or (b) if the parties were

married to each other or were civil partners to each other.

Sec 3. Children as victims of domestic abuse

(1)This section applies where behaviour of a person (“A”) towards another person (“B”) is domestic abuse.

(2)Any reference in this Act to a victim of domestic abuse includes a reference to a child who—

(a)sees or hears, or experiences the effects of, the abuse, and

(b)is related to A or B.

(3)A child is related to a person for the purposes of subsection (2) if—

(a)the person is a parent of, or has parental responsibility for, the child, or

(b)the child and the person are relatives.

(4)In this section—

“child” means a person under the age of 18 years;
“parental responsibility” has the same meaning as in the Children Act 1989 (see section 3 of that Act);
“relative” has the meaning given by section 63(1) of the Family Law Act 1996

** The Home Office have confirmed that a child aged 16-18 who is fostered can be a victim of domestic abuse. We often describe it as ‘guardianship’, which covers fostering, both long and short term.

Definition of Controlling and Coercive Behaviour (s.77 Serious Crime Act 2015):

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, regulating their everyday behaviour; and

Coercive Behaviour is : An act or pattern of acts of assault, threats, humiliation and

intimidation or other abuse that is used to harm, punish, or frighten their victim.

3. Powers and Policy/Legal Requirements

The legal basis for the exercise of powers and duties outlined in this policy are:

Domestic Abuse Act 2021
Common Law
Offences against the Person Act 1861
Sexual Offences Act 1956
Criminal Damage Act 1971
Bail Act 1976
Police and Criminal Evidence Act 1984
Criminal Justice Act 1988
Children Act 1989
Criminal Justice and Public Order Act 1994
Criminal Proceedings and Investigation Act 1996
Family Law Act 1996
Female Genital Mutilation Act 2003
Protection from Harassment Act 1997
Crime and Disorder Act 1998
Youth Justice and Criminal Evidence Act 1999
Criminal Justice and Police Act 2001
Domestic Violence Crime and Victims Act 2004
Serious Crime Act 2015
Wales Safeguarding procedures.
Dyfed Powys MARAC ISP
Police Reform and Social Responsibility Act 2011
Anti-Social Behaviour, Crime and Policing Act 2014

4. Options and Contingencies

Tactical Delivery

The Local Policing Area (LPA) Commander and the Detective Chief Inspector are responsible for the following:

The knowledge, implementation and compliance of this policy with their staff.
The identification of suitable officers to undertake training and roles required for the specialist investigation.

The Head of Contact and Incident Management will be responsible for;

The knowledge, implementation and compliance of this policy with the staff within the FCC.
Establishing suitable training that incorporates the needs of those engaged in initial contact with victims.

The Chief Inspector lead for the Vulnerability Hub will have responsibility for;

The knowledge, implementation and compliance of this policy with their staff.
Ensuring effective secondary risk assessments are undertaken.
Ensuring multiagency arrangements are maintained for establishing risk management plans.

The Uniform lead for Domestic Abuse (Superintendent) (in support of PVP Det Supt) will be responsible for the following:

Support strategic efforts intended to positively impact local delivery initiatives aimed at tackling domestic abuse (e.g. awareness of Civil Orders Officer)
Promote efforts to improve consistency and accuracy of recording on PPN DASH and OELs and wider messaging around this requirement.
Support review of monthly DA Audits in order to identify thematic issues and set relevant activity.
Oversee coordinated activity for DA champions in each BCU.
Act as conduit for comms/Force messaging in relation to any legislative change impacting efforts to tackle DA.
Promote referral to Perpetrator Schemes where appropriate conditions exist but understanding of ‘Plan B’ when offenders don’t engage.
Ensure consistent structures in place for managing risk (benefits of ELP’s/oversee individuals on Civil Orders)
Reporting line for escalation of matters – Superintendent’s Weekly/Monthly SLT as appropriate, then Specialist Operations Board chaired by ACC.

Reporting

There are 5 ways in which to report Domestic Abuse concerns to Dyfed-Powys Police:

Telephone report to the FCC (Force Control Centre);
Online reports through Single Online Home or social media;
Report to PEO (Public Enquiry Officer) at station;
Report to frontline officers on patrol;
Referral from partners into MARAC.

*Reports can be made directly by victims or on victims’ behalf via a third party.

Reports that require immediate safeguarding action should be dealt with by response officers who will provide the initial safeguarding response. All reports will be considered using the THRIVE (Threat, Harm, Risk, Investigation, Vulnerability and Engagement) assessment to establish the level of response required.

Response to reports

Dyfed-Powys Police refer to the College of Policing’s Authorised professional practice (APP) as best practice for guidance on how we expect to respond to domestic abuse.

Initial Response

The level of response will be determined by the contact handler following a THRIVE assessment.
A response officer will attend all cases determined as Grade 1 or 2 response levels in line with the national standards for call attendance.
In the case where a call is determined to be a Grade 3 standard, the use of Video First Response (VFR) may be considered an appropriate initial contact following an assessment of vulnerabilities and agreement by the victim.

Scene attendance (Grade 1 and 2 responses)

Every scene attendance will be approached with an evidence led investigation mindset.
Body worn video (BWV) must be activated to capture the available evidence and initial account provided. BWV should also be ON when completing the DASH risk assessment with the option not to record if that is what the circumstances require. (i.e. where a victim is reluctant to engage with the officer if the BWV is on and has made that known to the officer). The recording of the rationale not to record MUST be captured by a clear endorsement on the NICHE occurrence. Best practice would be to also do so on BWV camera where possible. (In accordance with Para 7c of the BWV Guidaince which follows revised guidance by the National Police Chief’s Council (NPCC) in September 2022)
The availability of special measures must be explained to the victim to support the provision of evidence at any subsequent court hearing.
Where appropriate positive action should be taken to ensure the safeguarding of the victim. This should include exercising powers of arrest unless there is clear justification not to.
The voice of the victim should be captured and considered in all aspects of our decision making. It is recognised that victims will often not verbalise a desire to support safeguarding action due to coercion or fear of the perpetrator. In circumstances where risk remains action against the wishes of the victim is likely to be necessary.
A victim contact agreement will be established in every case. This is crucial to ensure the victim is informed of the progress of the investigation during agreed times & contact method (telephone/text/e-mail) between the investigator and the victim. A victim contact agreement should be re-visited following each contact to ensure that the agreement remains in alignment with the victims wishes.
Where possible referral to support agencies should be made before leaving the victim and use of the Live Fear Free helpline (0808 8010 800) should be considered to provide immediate support to the victim.
There is a requirement under VCOP for victims to receive regular updates. An initial needs assessment will always be required to establish the victim’s needs and whether the victim is entitled to an enhanced service. A needs assessment should be re-visited regularly during the investigation, especially when key decisions are made. (e.g. Arrests, interviews, bail, disposals, outcome).
If the incident relates to HBA, then first responders will follow the guidance provided by College of Policing APP on First Responder Actions to HBA.

Risk assessment

In every incident a DASH risk assessment will be completed for each victim and an appropriate risk management plan established.
In understanding levels of risk, the below sets out the risk standards expected.
These incidents are the new risk based definitions from the Domestic Abuse Risk Assessment (DARA).

DASH Risk levels

Standard - There appears to be a pattern of abusive behaviour, or control of one person by another. Current evidence does not indicate likelihood of causing serious harm.

Medium - There appears to be a pattern of abuse/control of one person by another and/or frequent physical violence. The offender has the potential to cause serious harm but is unlikely to do so unless there is a change in circumstances, such as the victim attempting to leave.

High - There is an extreme level of control of one person by another and/or frequent and severe physical violence. There is a serious threat of harm psed to the victim by the perpetrator. The potential event could happen at any time and the impact would be serious.

When considering the definition of serious harm the force will use the Multi-Agency Public Protection Arrangements (MAPPA) definition of serious harm

“Risk of serious harm is defined as: the likelihood of harmful behaviour of a violent or sexual nature which is life threatening and/or traumatic, and from which recovery, whether physical or psychological, may reasonably be expected to be difficult or impossible.”

In cases where strangulation has been identified as a risk factor this will always be seen as an indicator of risk of serious harm and therefore will not be recorded as a standard risk case.

Where separation is identified this will not be used as a factor to mitigate risk in the relationship. Dyfed Powys Police recognise the increased risk to survivors of domestic abuse at the point of separation.

Once a risk grading has been established by the officer in charge (OIC) and agreed by the OIC’s supervisor, no changes to the risk assessment will be made without the agreement of the force Secondary Risk Assessment Unit (SRAU). In the absence of SRAU a Domestic Abuse Officer (DAO) may undertake the review. The LPA Daily Management Meeting (DMM) should be utilised as an escalation process if there’s disagreement on risk gradings which affect ownership & allocation (such as custody cases). This can then be escalated to Force DMM.

Specialist support through partner agencies should be offered to all risk levels. In high-risk cases an Independent Domestic Violence Advocate (IDVA) will be proactively tasked to engage with the victim.

Witness Care Needs Assessment

In cases of High-Risk Domestic Abuse, the responsibility for the completion of a Post Charge Witness Care Needs Assessment will ordinarily be that of the OIC. Best practise is that the needs assessment is completed in conjunction with an IDVA/ISVA (if allocated).

Considering the victim needs / vulnerabilities along with any investigation complexities, if the OIC deems it appropriate for Witness Care to conduct the Needs Assessment in their stead, the OIC will inform Witness Care via email who can then carry out the assessment.

Ownership & Crime Allocation:

Dyfed-Powys Police will adopt a risk-based approach to ownership of risk management plans and ongoing victim support. The allocation of the crime investigation should not be solely based on the DASH risk assessment associated with the incident but should consider the seriousness and complexity of the incident in line with crime allocation guidance. The below sets out the principles that will be applied:

High Risk – High risk cases will be allocated to a specialist DAO to establish and manage the risk management plan and provide investigative support in the capture of evidence. This will support the single point of contact and minimise re-traumatisation through repeating accounts. High risk cases will be reviewed by a Detective Inspector for consideration to the allocation of a PIP2 trained investigator (or working towards achieving PIP L2)for serious or complex cases. If the offence relates to a RASSO (Rape & Other Serious Sexual Offence) or an assualt with GBH injuries, then this will be allocated to a PIP Level 2 investigator (or working towards achieving PIP L2).

Medium Risk - Medium risk cases will require the attending officer to establish an effective risk management plan. This plan will be the subject of review by a DAO to ensure specialist consideration and advice has been provided. The investigation wil remain with the allocated PIP L1 OIC unless the offence relates to a RASSO or an assault with GBH injuries, or the seriousness or complexity of the case would require the skills of a PIP L2 investigator.

Standard Risk – Standard risk cases will require an effective risk management plan to be established by the OIC. It will be a PIP L1 trained officer that will be established as OIC to conduct the investigation unless the offence relates to a RASSO or an assualt with GBH injuries, or the seriousness or complexity of the case would require the skills of a PIP L2 investigator.

Although seriousness and/or complexity is not defined the force crime allocation guidance sets out the following as considerations:

Seriousness and / or complexities

Involves the use of violence, including the use of weapons and firearms
Serious sexual assaults
Involves death or likely to lead to a fatality
It results in substantial financial gain or loss
Involves many persons in pursuit of a common purpose
Likely to result in a substantial custodial sentence
Linked to Organised Crime activity or groups
Creeper/distraction burglaries

Risk grading	Investigation Responsibility	Note	Safeguarding responsibility
Standard	IU/Response	Local decision as capacity allows	OIC
Medium	IU	Without RASSO, GBH injuries or Serious & Complex	OIC with DAO reviewing RMP.
High Risk	CID	All DA graded as High Risk	DAO/IDVA/ISVA
Any risk	CID	If RASSO, GBH related or Serious & Complex	DAO/IDVA/ISVA

Responsibilities to ensure effective crime allocation:

1. Detective Inspectors will review each high-risk graded domestic incident and utilising the above criteria will make the decision (putting an endorsement on the OEL) detailing the rationale of why the investigation is going to be investigated by CID or LIU.

2. Int he event there is a disagreement with the decision of the Detective Inspector, the matter will be escalated to the divisional Detective Chief Inspector or Force SIO if they are not working.

3. Ownership will be discussed and ratified byt he chair of the county DMM.

Secondary Risk Review and MARAC

The Dyfed-Powys Police SRAU will undertake a review of all DASH risk assessments completed to ensure any residual risk is effectively managed through the provisions of the Multi Agency Risk Assessment Conference (MARAC) or partnership engagement. It is recognised that longer term risk management planning is challenging immediately following a traumatic event and outside of normal office hours.
Every case graded as high risk will be considered by the MARAC partnership where the SafeLives MARAC guidance will be adhered to.
Any case that is considered a MARAC repeat (previously heard at MARAC) and/or an escalation case (three incidents in the preceding twelve months) will be reviewed by SRAU for consideration of being referred to Daily Discussion where this panel consisting of a police Domestic Abuse specialist, IDVA and victim support, health, children/adult services, probation, housing to identify any benefit of escalation to MARAC.
If specialists within SRAU don’t believe a MARAC repeat or an escalation case would benefit from being referred to Daily Discussion due to the level of ongoing support and risk management already in existence, then this decision will be reviewed and ratified by a Detective Sergeant within SRAU.
During the secondary risk assessment additional consideration will be given to the risk posed by perpetrators who display coercive and controlling traits including stalking. This will include an assessment against the 8 stages of homicide timeline and the stalking time investment tool. These assessments will provide a greater understanding of risk posed by behavioural crime traits.

Children exposed to Domestic Abuse

Where a child is identified as being a part of a family in which any domestic abuse has taken place, it is identified that the impact on that child can be harmful with trauma lasting a lifetime. Dyfed-Powys Police will:

Through a secondary risk assessment process and MARAC seek to identify all children, whether present at the incident or not.
We will represent the voice of the child by speaking to the child and understanding the impact the current circumstances have on the child.
We will share with the relevant local authority the details of the child and the incident to allow for a safeguarding assessment to be undertaken.
We will automatically share details of such incidents with the relevant local authority education department under the terms of ‘Op Encompass’ as agreed under local protocol.

If a child is identified as being at risk of significant harm, then the officer submitting the DASH PPN is required to submit a separate Child Concern PPN which will then initiate a child protection strategy discussion.

Voice of the Child

If children are named on a DA PPN then the officer MUST capture the voice of the child within the PPN.

If a child is present during police attendance, then the following needs to be captured within the Voice of the Child field in the DA PPN:

A - Appearance

W- Words

A - Activity & Behaviours

R- Relationships & Dynamics

E- Environment

*If a child is present however appears to be asleep, officers MUST use professional judgement when deciding on whether to rouse the child/children. This must be balanced against the safeguarding requirement with the emotional/psychological effect of waking the child to capture their voice. The officer could still capture details of ‘Appearance & Environment’ within the DA PPN. The rationale for not rousing the child/children should be rationalised on the ‘Voice of the Child’ field on the PPN.

If the child/children aren’t present, then the officer MUST capture the Environment element of ‘AWARE’ within the DA PPN.

Child to Parent Abuse

Dyfed-Powys Police recognise Child to Parent Abuse (CPA) as a form of Domestic Abuse. There is currently no legal definition of Child to Parent Abuse. However, it is increasingly recognised as a form of Domestic Abuse and, depending on the age of the child, it may fall under the government’s official definition of domestic violence and abuse (over 16).

Dyfed-Powys Police recognise that CPA is a through-age issue, this guidance applies to the parent child relationship, including children, young persons and adult children to parent abuse.

Dyfed-Powys Police will work in partnership with (Parent Educational Growth Support) PEGS by referring CPA victims to them once informed consent has been gained. DPP will adhere to the Regional Child to Parent Abuse Guidance created by the Mid and West Wales Safeguarding Board.

Withdrawal of a victim’s complaint

There are numerous reasons why victims seek to withdraw their complaint of domestic abuse. They may be threatened by their abuser; too frightened; persuaded by other family members; reconciled with their abuser; choose to proceed through the civil courts; or feel that they do not wish to give evidence in court and go through the judicial process. There are powers that allow the Crown Prosecution Service (CPS) to introduce the victim's evidence without requiring attendance at court.

When a victim indicates that they wish to withdraw their support for the prosecution process, a statement should be taken stating and describing any reasons for the withdrawal. Where available, for Post Charge cases, a withdrawal statement for High/Medium/Standard risk domestic abuse victims should be taken by a DAO. For pre-charge High Risk Domestic Abuse cases only, withdrawal statements will be taken by a DAO. They are best equipped to discuss the full implications of this action with a victim. If the DAO is unavailable the officer taking a withdrawal statement must seek advice of a DAO or a CID Detective Sergeant or Supervisor.

All withdrawal statements should include:

confirmation of whether the original statement given to the police was true – if the original account has to be amended, an explanation for this should be included
whether the victim has been put under pressure to withdraw
nature of the original allegation (if not fully covered in a previous statement)
victim’s reasons for withdrawing the allegation
with whom they have discussed the case – particularly anyone who has advised them (a solicitor, for example)
whether any civil proceedings have been, or are likely to be, instigated
impact on the victim’s life and that of any children if the case continues

The victim withdrawal statement will be accompanied by an OIC report (MG6(DA))

Outcome 16 finalisation- Inspector authorisation required

Inspectors must authorise the application of Outcome 16 for all Domestic Abuse occurrences. Inspectors must be satisfied of the below before confirming the matter can be filed under Outcome 16:

The crime has been fully investigated.
All relevant lines of enquiry have been undertaken.
There’s no other viable lines of investigation.
All available intelligence has been identified and dealt with accordingly.
Confirm that there are no evidence led prosecution opportunities (rationale required)
The OIC’s review of the current Threat / Harm / Risk assessment.

Out of Court resolution & diversionary tools for Domestic Abuse investigations

Dyfed-Powys Police will follow College of Policing APP & CPS guidance on the use of Out of Court resolutions for Domestic Abuse cases.

Use of Restorative Justice

Dyfed-Powys Police will not advocate the use of RJ in Domestic Abuse. Restorative Justice should not be used as a resolution for any DA offence. Whilst every victim has the right to receive information about restorative justice from the police, including DA victims, Dyfed Powys Police do not support the use of RJ for any DA offence.

Adult Simple Cautions

Cautions are rarely appropriate in domestic abuse cases. By nature, they involve the aggravating factor of breach of trust and abuse is not often reported on the first occasion. Controlling or coercive behaviour may also influence the victim’s views on a caution. Charge is, therefore, always the preferred option where the case passes the evidential and public interest tests. In principle, if there is sufficient evidence to caution, there is sufficient evidence to charge. There may be public interest or other reasons for not proceeding with a prosecution in a particular case – it is in those cases that a caution may be considered as an alternative to NFA.

Cautions can be deemed an appropriate resolution only when the evidential test is passed, and the following have been considered (Police can only make decisions on issuing cautions on either way offences and NOT indictable ONLY offences):

Domestic Abuse involving Violence, Sexual Offence, Stalking or Harassment crimes:

The offender has made a full admission and has not raised the possibility of a defence, for example in the case of assault, self-defence.
The offender shows genuine remorse.
The DASH risk assessment shows that the risk to the safety of the victim and/or family is not higher than “Standard” risk classification.
Some evidence that it is a first domestic abuse offence – check that there are no other reports or intelligence of previous abuse of the victim, previous partners or family members. (If there are previous reports of domestic abuse within the past 3 years then a caution cannot be issued. Previous DA reports older than 3 years will have to be considered on a case-by-case basis)
The seriousness of the offence and the range of appropriate penalties. (Cautions can only be considered for summary/either way offences)
The totality of current offending and history of previous convictions and out-of-court resolutions (OOCR), especially if recent or similar. (A simple caution cannot be issued if the offender has received an OOCR for a domestic related incident within the past 6 years. If the perpetrator has received an OOCR older than 6 years and it related to a non-violent Domestic Incident, then a caution can be considered in line with other considerations UNLESS the OOCR relates to the same victim then a simple caution cannot be issued. Any convictions/out of court resolution over 6 years relating to a different defendant/victim relationship will need to be considered on a case-by-case basis in line with other factors/considerations)
The defendant should have no relevant previous police record for violence. (If the defendant has any police records suggesting propensity for violence which hasn’t resulted in a conviction/OOCR, then the recency and gravity of the violence reported will have to be considered accordingly.
The investigation has been reviewed and the authorising officer is satisfied that an evidence led prosecution would not be in the public interest and there is no further potential for investigation development which could affect the public interest decision.
There is no evidence of coercive or controlling behaviour on the part of the suspect within the relationship which might influence the victim's views (to be verified where possible by support services).
Any other possible criminal justice sanctions have been examined and progressed.
The victim’s views have been sought – it is a requirement under the Ministry of Justice (2015) Code of Practice for Victims of Crime that the police ask the victim for their views and take them into account when making the decision, where practicable.

Domestic Abuse WITHOUT Violence, Sexual Offence, Stalking or Harassment crimes:

The offender has made a full admission and has not raised the possibility of a defence, for example in the case of assault self-defence.
The offender shows genuine remorse.
The DASH risk assessment shows that the risk to the safety of the victim and/or family is not higher than “Standard” risk classification.
Some evidence that it is a first domestic abuse offence – check that there are no other reports or intelligence of previous abuse of the victim, previous partners or family members. (If there are previous reports of domestic abuse within the past 1 year then a caution cannot be issued. Previous DA reports older than 1 year will have to be considered on a case-by-case basis in line with the below considerations)
The seriousness of the offence and the range of appropriate penalties.
The totality of current offending and history of previous convictions and out-of-court resolutions (OOCR), especially if recent or similar. (A simple caution cannot be issued if the offender has received an OOCR dfor a domestic related incident within the past 6 years. If the defendant has received an OOCR older than 6 years relating to a Domestic Incident, then a caution can be considered if in line with other considerations UNLESS the OOCR relates to the same victim then a simple caution cannot be issued. Any convictions/out of court resolution over 6 years relating to a different defendant/victim relationship will need to be considered on a case-by-case basis in line with other factors/considerations)
The defendant should have no relevant previous police record for violence. (If the defendant has any police records suggesting propensity for violence which hasn’t resulted in a conviction/OOCD, then the recency and gravity of the violence reported will have to be considered accordingly.
The investigation has been reviewed and the authorising officer is satisfied that an evidence led prosecution would not be in the public interest and there is no further potential for investigation development which could affect the public interest decision.
Any other possible criminal justice sanctions have been examined and progressed.
The victim’s views have been sought – it is a requirement under the Ministry of Justice (2015) Code of Practice for Victims of Crime that the police ask the victim for their views and take them into account when making the decision, where practicable.

Cautions should not be used because they seem an easier option than building a prosecution file. Supervisors should closely monitor any cautions that are administered in Domestic Abuse cases.

All cautions for domestic abuse related incidents must be authorised by an officer of Inspector rank or above and a clear rationale provided on the OEL to include the above considerations.

Conditional Caution

Conditional Cautions cannot be issued for DA related offences at this time. This is likely to change soon however at this time there are no diversionary provisions for DA perpetrators.

Adult Community Resolutions (ACR)

Adult Community Resolutions are again unlikely to be appropriate as a DA disposal. Investigators should always look to Charge an offender of DA, and if prosecution is not in the public interest, a Simple Caution should then be considered utilising the above guidance on DA Cautions. In the unlikely event that a suspect makes a full admission and neither Charge or Caution is in the public interest, an ACR may be considered for Non-Intimate, Non-violent DA cases. This will be considered as exceptional circumstances, with a Chief Inspector’s authority required. The full rationale must be recorded on the Niche system clearly outlining their decision and why a Charge or Caution was not appropriate.

*As the Diversionary scheme cannot be used for DA or sexual offences, it is unlikely that an ACR would be appropriate over a simple Caution.

The adult gravity matrix is to be utilised when considering a disposal by way of a Community Resolution. An ACR should not be issued for the following:

Indictable only offences
Intimate partner DA
Violent Non-Intimate offences

ACR Guidance 2023 V6

Domestic Violence Disclosure Scheme

The police have common law powers to disclose information, broadly where there is a pressing need to protect people. In this context, these powers form the basis of disclosures under the DVDS, meaning in practice that information can be shared about a person’s known history of violence or abuse, normally relating to previous convictions or charges, to members of the public where there is a pressing need for disclosure of the information in order to prevent further crime.

The principal aim of the DVDS is to introduce recognised and consistent procedures for the exercise of this power in this context, to enable the police to make a disclosure of information where it would protect a member of the public who may be at risk of harm from domestic abuse.

The scheme has two elements: the “Right to Ask” and the “Right to Know”.

Dyfed-Powys Police will adhere to the Home Office Domestic Violence Disclosure Scheme (DVDS) Statutory Guidance (April 2023) and will comply with internal process mapping.

Multi-Agency Discussions

Right to Ask – All cases deemed High Risk will be referred to a Daily Discussion (MARAC) forum. Standard and Medium Risk cases will not ordinarily be discussed, unless referred in via professional judgement.

Right to Know – All cases referred to MARAC Unit by external partners will be referred to a Daily Discussion (MARAC) forum.

The forum will consist of minimum of 3 other Agencies – core agencies - Police/Probation/IDVA. Here information will be shared and safeguarding discussed. Information shared at multi-agency panels may inform considerations around disclosure where relevant, but the final decision on whether or not a disclosure will be made rests with the police.

Police Perpetrated Domestic Abuse

As police officers and staff, we hold positions of authority and power. We are entrusted by our communities to respond to reports of Domestic Abuse, to support victims and to bring perpetrators to justice. When domestic abuse is perpetrated by an employee of the organisation, we recognise that how we respond to such reports will reflect on our organisation and the confidence that both our staff and our communities have in our commitment to tackling Domestic Abuse. We understand that confidence in policing is eroded in the absence of a robust and transparent response. There is no place for those who engage in Perpetrating Domestic Abuse within policing.

Domestic Abuse is unacceptable behaviour and will not be tolerated by Dyfed-Powys Police.

Dyfed-Powys Police will robustly investigate allegations of Domestic Abuse and perpetrators who are found guilty in subsequent criminal and/or disciplinary proceedings of such offences may face dismissal from the service.

When considering disciplinary measures, it is essential that the safety of the victim and their children is not compromised.

Dyfed-Powys Police will still consider use of disciplinary proceedings against Officers/Staff who are alleged to have committed domestic abuse. In the absence of a criminal conviction, disciplinary proceedings may still take place, with the full range of disciplinary sanctions being available, including dismissal. Risk assessment measures will be reviewed by the line manager, and in conjunction with the Professional Standards Department (PSD).

Investigations (criminal and misconduct)

The Force Incident Manager (FIM) must be made aware of all Domestic Abuse incidents where a police officer /staff is named as an alleged suspect.
The FIM must liaise with the duty Silver Commander to ensure that the matter is being suitably managed and resourced. The Silver Commander should appoint a Detective Inspector (DI) to have supervisory oversight and undertake appropriate risk assessment, ensuring and verifying independence of investigators from the suspect and victim. This may be achieved by passing the investigation to a different LPA or department, but partner forces can be an option, for example, if the suspect is in a prominent or leadership position.
Where there is an immediate threat, and a continuing risk posed to the victim, the initial response, and investigation should not be delayed in order to secure an independent investigator.
Ensure that confidential pathways such as restricting the occurrence are triggered.
PSD should be informed at the earliest opportunity. In instances where it is deemed proportionate and necessary to affect an immediate arrest, outside normal PSD office hours this would justify contacting the on-call PSD staff member.
The supervising DI will liaise with PSD to establish if there is any further information held relating to those involved which would be relevant for safeguarding (including, but not limited to previous PSD investigations).
Specific instructions are to be given, making sure the investigated person is not dealt with in any way (e.g., detention or investigation) by a colleague who has close personal or professional knowledge of the individual.
Investigating officers are to sign an undertaking that they have no conflict of professional or personal interest. Ensuring the investigator is suitably experienced and/or has suitable oversight and support from those experienced in both the investigation of domestic abuse and misconduct. In other words, either a DA specialist with Misconduct support or vice versa.
To ensure thoroughness of both criminal and parallel misconduct investigations, and minimise risks associated with ineffective information sharing between investigative teams, where capacity and circumstances allow, police personnel perpetrated domestic abuse investigations will be undertaken by PSD following initial response i.e. first custody episode where immediate arrest is necessary. (See PPDA investigation table)
Rationales for investigation ownership decisions will be fully recorded.
It may be appropriate to refer a case for external force investigation when:
there are concerns that truly independent investigators cannot be found in force. Eg, in cases involving a suspect who, due to seniority or length of service, is well known in force; or victim trust and confidence cannot be secured another way.
A Public Protection Notice (PPN) must be completed as would be expected in any DA incident. This process needs to happen as soon as possible to allow safeguarding measures to be put in place.

Although criminal and misconduct investigations will be progressed by PSD, responsibility for appropriate safeguarding will be retained by DAOs / OIC (in line with “Ownership and Crime Allocation”).
PSD’s senior management team will, having taken due consideration of the circumstances of the investigation and in consultation with the officer/police staff member’s line management advise the Appropriate Authority in respect of redeployment or suspension measures whilst the investigation is undertaken.
A professional concerns meeting/Professional Abuse Strategy Meeting (PASM) should be considered and attended by the PSD DI.
For employees of services involved in the MARAC process (e.g., Police, IDVA, local authority), closed MARACS are to be used to ensure the confidentiality of the victim and only persons in receipt of valued information should be permitted to attend in agreement with the MARAC chair.
As in all domestic abuse investigations consideration will be given to seeking civil orders, where proportionate and necessary.
The criminal investigation will be commenced and pursued with the same diligence as a non-police DA investigation, with consideration given to Evidence Based (Victimless) Prosecutions where appropriate.
Under no circumstances will line managers or members of staff who are supporting victims, conduct mediation between the victim and perpetrator. Line managers must also bear in mind that they are not required to undertake a role of counsellor, this must be left to trained counsellors or domestic abuse experts.
Early intervention support for workforce members who have recognised they may be at risk of committing domestic abuse should be offered.
Every effort will be made to afford those involved discretion within the workplace, and appropriate action will be considered by PSD in line with legislative guidance towards those that access or attempt to access information without lawful justification for doing so.
Police Officer or Staff perpetrators will be offered a referral to Occupational Health and signposted towards Help For Domestic Violence Perpetrators | Respect Phoneline UK

If a member of staff is or has experienced domestic abuse

It is recognised that all employees of Dyfed-Powys Police are also first and foremost public citizens.

Dyfed-Powys Police recognise that our employees may be victims of Domestic Abuse. Police Officers or members of staff who are victims of domestic abuse must be treated as such. “Police” victims should not be expected to react or behave according to their training or work experience. They should be treated with the same dignity and respect, afforded the same level of service as any other member of the public would receive, with additional cognisance of the fact that police forces have the same obligations as any other employer to support their employee and safeguard them and their colleagues.

Police victims of Domestic Abuse may be victims of police and non-police perpetrators.

When dealing with any member of staff who is experiencing or has experienced domestic abuse, the manager must:

Take the member of staff seriously, listen and believe what’s being said.
Ensure that any discussion with a member of staff about their circumstances, takes place in privacy.
Ensure appropriate safeguarding of victim and wider family/children. Safeguarding for the victim and any linked vulnerable person, will always be a priority following a disclosure of domestic abuse.
Ensure a Domestic Abuse PPN is completed, enabling an assessment of risk.
Where the victim is established to be a police officer or member of police staff, careful consideration is taken as to how the safeguarding strategy is implemented. Officers should pause and consult supervisory advice before taking any steps outside of the wishes of the victim, unless a high threat is established, and the proximity of that threat is near.
Where the threat is of standard risk and the victim does not support the investigation, then consideration should be given to identifying a safeguarding plan that does not alert the perpetrator of the intervention and affords the victim the opportunity to influence the outcome, if appropriate.
For non-police perpetrated Domestic Abuse, the investigation will be allocated based on “Ownership and Crime Allocation”. If the perpetrator is a police officer or staff member, the investigation will be allocated to PSD (See PPDA investigation table).
Ordinarily, any Domestic Abuse investigation whereby the victim is a police employee shall be investigated within an LPA other than the LPA where the victim currently works. It will be investigated by officers who have no prior connection with the victim or perpetrator. Victim voice and wishes will however be considered.

Key Principles and Action:

Police Officers and Staff will be given permission to access work phone and email to receive specialist support.
Given time during work hours to attend support appointments.
Referrals to an IDVA or support services must be considered. (See Support Section)
Respect confidentiality as far as possible (see confidentiality section).
Understand that the member of staff may not wish to discuss any details with their line manager and may prefer to involve a third party such as a colleague, another officer, trade union representative or outside agency.
Not put undue pressure on staff to disclose any personal information that they do not feel comfortable sharing.
Find out what the member of staff wants and whether a manager, another officer or another agency can help them achieve it.
Be honest about what can be offered.
Be aware of any additional issues faced by the member of staff, because of their protected characteristics such as age, gender, sexuality, ethnic background or, disability etc.
Be sensitive and non-judgemental – the member of staff may need some time to decide what to do.
Be aware of what support is available and explore these options with the member of staff including any reasonable adjustments that could be made to ensure the safety of the employee. (See support Section)
Encourage personnel to seek advice from relevant agencies that provide specialist services.
Do not assume that the staff member will be familiar with the processes simply because they work for the organisation.
Ensure the victim has comparable, independent advocacy and support as the accused e.g. through the Police Federation/Trade Unions.
Discuss specific steps that can be taken to help a person stay safe in the workplace and at home.
Ensure Officer/staff victims are supported as victims including being kept updated in accordance with Victims’ Code whilst being mindful of the unique concern’s victims may have.
Consider specific risks associated with any parties involved (e.g., firearms).

* Consultation with PSD should always be sought in instances where victim and perpetrator are members of Police Personnel.

Victims of police perpetrated domestic abuse, including victims who are also police officers or police staff members, will be given the same level of service as other victims of domestic abuse. They will be offered confidential support from both internal and external sources. They will have access to the same level of police support, if necessary, through arrangements for this to be accessed from another police division or police force.

An appropriate welfare officer will be appointed, who will ensure relevant victim support referrals are made. The welfare officer may be from within PSD, or Local Policing Area. For High-Risk cases, the welfare officer will ordinarily be a DAO. In Standard / Medium Risk cases, the welfare officer may be the victim’s supervisor, the OIC, or any other trusted person identified by the victim.

Dyfed-Powys Police will ensure that police victims are given a full explanation of this relevant section of the Domestic Abuse Policy and kept fully informed about the progress of internal investigations and misconduct processes. A copy of the DA policy will be provided.

Police personnel providing such information should be of an appropriate rank and appropriately skilled and trained. The aim is that both criminal and misconduct investigations will be undertaken by PSD investigators, who are (PIP) Level 2 accredited; investigators within the department are also domestic abuse trained, sexual offences trained and have experience within the public protection arena.

Confidentiality

Maintaining the confidence of the victim and general public is critical to the force’s credibility.

If reporting is to be encouraged adequate safeguards must be in place to prevent further abuse to minimise distress to the victim, and ensure information is handled discretely wherever possible.

Appropriate restrictions will be applied at the point of recording in respect of STORM, and occurrences where the suspect is a police officer and/or member of police staff.

Restrictions will also be applied whereby the victim is a police officer and / or member of police staff; however thorough consideration will be had in respect of applying restrictions given the potential risk posed to a victim if information about the incident is unknown by others, who may have cause to respond to future calls for service.

Access to the content of restricted records will be limited to PSD and Anti-Corruption personnel, in addition to any personnel whose access is required to assist with the management of criminal proceedings and safeguarding.

In addition, the FIM will have access as a 24/7 resource with ability to grant further access where required in the interest of effectively expediting and managing ongoing investitive actions and safeguarding.

Support

Referrals to Occupational Health will be offered, which will include the offer of counselling. [email protected]
High risk victims of Domestic Abuse will be referred to closed MARAC. They will be referred to Specialist DA support; the IDVA service.
Standard and Medium Risk will be offered a referral to other Third Sector DA support services; those available to non-police victims also.
Victims will be signposted to the confidential services of Live Fear Free.
Support is also available via CARE FIRST.
Victims will be signposted to their Trade Union / Federation.

**The victim will be offered the option of receiving support from an IDVA/Third Sector service from a Local Policing Area other than the one they currently work. It is recognised that given the interactions various officers/staff may have with these services during their day job, this may cause a barrier to accepting support as a victim**

PPDA investigation table

Victim	Perpetrator	Investigating Unit	Initial Owning Area
Police	Police	PSD	LPA not linked to V or P
Non Police	Police	PSD	LPA not linked to V or P
Police	Non Police	CID / LIU	LPA not linked to V or P (unless victim wishes for investigation to remain within their LPA)

Breaking down Barriers of Reporting

Dyfed-Powys Police hold a position of trust within our communities and therefore there is no place for those who perpetrate domestic abuse within the organisation

Dyfed-Powys Police is continuously looking to raise awareness both internally and externally to instil confidence in the robust and transparent criminal and/or disciplinary investigative processes; through engagement and information sharing we hope to identify and overcome barriers to reporting.

Offender Management and Rehabilitation

The effective management and rehabilitation of offenders is critical to our aim to irradicate domestic abuse. Extensive research highlights the continuation of offending behaviour patterns in the absence of robust challenge.

We will ensure that our understanding of domestic abuse perpetration in an offenders history is mapped for all offenders under formal management through MAPPA or Integrated Offender Management (IOM).
Where a domestic abuse history is identified the risk management plan will include actions to mitigate the risk and challenge behavioural traits linked to domestic abuse. This will be the case even if domestic abuse is not an index offence.
Through partnership with offender management specialists we will maximise our referrals to domestic abuse and stalking rehabilitation programmes for suitability assessments.
We will seek to maximise the use of conditions within civil orders such as SPO’s to direct perpetrators to undertake such programmes that challenge behavioural traits.

5. Take action and review

Governance

The lead officer is the Detective Superintendent for Protecting Vulnerable People, who is responsible for the strategic lead for Vulnerability, and the coordination of Policies.

Domestic Abuse is managed under the Vulnerability portfolio which receives oversight from the Strategic Vulnerability Group chaired by the Assistant Chief Constable.

The Dyfed-Powys Police Vulnerability Portfolio takes strategic direction from the National Vulnerability Action Plan and the National Violence Against Women and Girls Strategy.

Audits

The Performance team will be responsible for collating and analysing DA investigative Outcome 14, 15, 16 Inspector audits. The findings will be from the audits will be reported into the Investigation Standards Group and the DCC Monthly Victim Focused Performance Group.

The Detective Inspector within Vulnerability Hub will be responsible for auditing information sharing processes and functions within SRAU. The findings will be shared in the Vulnerability portfolio which receives oversight from the Strategic Vulnerability Group chaired by the Assistant Chief Constable.

Understanding the threat

Domestic Abuse is subject of the Strategic Policing Requirements (SPR) which places a duty on police forces to understand the threat and its capacity to tackle that threat.

CODE OF ETHICS CERTIFICATE OF COMPLIANCE

This policy has been drafted in accordance with the Code of Ethics and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Code and the principles underpinning it.

HUMAN RIGHTS ACT CERTIFICATE OF COMPLIANCE

This policy has been drafted in accordance with the Human Rights Act and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Act and the principles underpinning it.

EQUALITY IMPACT ASSESSMENT

Section 4 of the Equality Act 2010 sets out the protected characteristics that qualify for protection under the Act as follows: Age; Disability; Gender Reassignment; Marriage and Civil Partnership; Pregnancy and Maternity; Race; Religion or Belief; Sex; Sexual Orientation.

The public sector equality duty places a proactive legal requirement on public bodies to have regard, in the exercise of their functions, to the need to:

eliminate discrimination, harassment, victimisation, and any other conduct that is unlawful under the Act;
advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

The equality duty applies to all protected characteristics with the exception of Marriage and Civil Partnership, to which only the duty to have regard to the need to eliminate discrimination applies.

Carrying out an equality impact assessment involves systematically assessing the likely or actual effects of policies on people in respect of all the protected characteristics set out above. An equality impact assessment should be carried out on any policy that is relevant to the public sector equality duty.

EQUALITY IMPACT ASSESSMENT COMPLETED: February 2024

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