ACPO: Guidance on Investigating Domestic Abuse (2008)

Preface

The shared ACPO, Crown Prosecution Service (CPS) and government definition of domestic violence is: ‘any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults, aged 18 and over, who are or have been intimate partners or family members, regardless of gender and sexuality.’

(Family members are defined as mother, father, son, daughter, brother, sister and grandparents, whether directly related, in-laws or step-family.)

The priorities of the Police Service in responding to domestic abuse are as follows:

• 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 abuse.

The legal obligations, which underpin the above priorities, include the duties within the Human Rights Act 1998 and the European Convention on Human Rights (ECHR) to protect life and to protect individuals from inhuman and degrading treatment.

Both the Convention and other legislation place a clear responsibility on public authorities to fulfil these obligations without discriminating on any grounds. All victims of domestic abuse should receive the appropriate quality of service according to their individual needs.

All allegations should be properly investigated and offenders held accountable through the criminal justice system, without discrimination.

Chief officers should establish and implement policies which ensure that the police

response to domestic abuse fully supports and achieves these priorities. Police staff should maintain and enhance public confidence by delivering these priorities to a high professional standard.

In achieving these priorities and fulfilling these obligations, partnership working with criminal justice agencies and other statutory and voluntary sector services is essential.

This guidance replaces ACPO (2004) Guidance on Investigating Domestic Violence and the Update Briefing No. 1/2006. Its purpose is to provide the Police Service with clear information about the policing of domestic abuse. It provides operational, tactical and strategic advice. Management issues are summarised at the end of each section. The NPIA (update forthcoming) Responses to Domestic Abuse Modular Training Programme is linked to the guidance.

The guidance is structured to follow the pattern of reporting, responding to and investigating domestic abuse. It contains specific advice about the role of domestic abuse officers and police domestic abuse coordinators. It also provides an outline of multiagency roles and responsibilities in reducing domestic abuse.

The following strategic issues for chief officers emerge from the guidance:

• Implementing a comprehensive force policy that incorporates ACPO (2008) Guidance on Investigating Domestic Abuse;
• Ensuring that this guidance works alongside associated policies such as those relating to child abuse, harassment, serious sexual offences and managing sexual and violent  offenders;
• Developing information systems which support the implementation of this guidance and ACPO (2006) Guidance on the Management of Police Information;
• Focusing on police responsibility for the investigation of domestic abuse-related offences, and for fulfilling its role in the criminal justice system to ensure that offenders are held to account;
• Ensuring that the training needs of all staff are met through the adoption of the NPIA (update forthcoming) Responses to Domestic Abuse Modular Training Programme. Where possible, this training should be run in partnership with local CPS and providers of outreach and refuge services for victims of domestic abuse.