Question - Youth

1. How many complaints have been received by ACT Policing about the way young people under the age of 18 years are dealt with by law enforcement when found in breach of a Personal Protection Order (PPO) or Family Violence Order (FVO), for each year the past five years.
2. How many young people under the age of 18 years were found by ACT Policing to have breached a PPO or FVO but were given a warning and not criminally charged, for each year the past five years.
3. How many young people under the age of 18 years who were criminally charged for breaching a PPO or FVO were given a warning by ACT Policing and no other legal ramifications, for each year the past five years.
4. What options do ACT Policing have available when dealing with young people who are under the age of 18 years and who have been in breach of a PPO or FVO, i.e. warning, detention, penalty units etc.
5. What policy, procedures and criteria guides ACT policing in how they will respond to such a breach, i.e. age, criminal history etc.

(1) Due to the way complaint data is supplied to and held by the Australian Federal Police Professional Standards, ACT Policing is unable to quantify the number of complaints regarding the way young people under the age of 18 years are dealt with by law enforcement when found to be in breach of a Personal Protection Order (PPO) or Family Violence Order (FVO).

(2) An informal warning is generally used when a police officer views it appropriate to verbally advise a person that their conduct, if proven, may constitute a criminal offence. ACT Policing does not record informal warnings issued to alleged offenders.

A formal caution is given when sufficient evidence exists and has been collected by police to give an officer enough cause to suspect an offence has been committed and a prima facie case exists. A formal caution is given when a suspect and/or his/her legal guardian, if applicable, agree to a caution being issued in the circumstances and is generally issued for a minor offence. A formal caution is recorded by ACT Policing but does not constitute a criminal conviction or penalty. Police consult guidelines as there are eligibility criteria and restrictions to consider, prior to issuing a formal caution.

The following data reflects the number of alleged offenders under the age of 18 years who were found by ACT Policing to have breached a PPO or FVO, but were given a formal caution and not criminally charged over the past five years.

Source: PROMIS as of 15 May 2023

(3) Of the twenty young people arrested by ACT Policing between 2018 and 2022 for breaching a PPO or FVO, none of them had received a formal caution prior to arrest. The following data represents the number of offenders under the age of 18 years who were criminally charged for breaching a PPO or FVO over the past five years. 

Source: PROMIS as of 15 May 2023

(4) For ACT Policing the first consideration when taking any action will always be to consider and ensure the safety and protection of the victim/s. Once safety risks are mitigated police may then consider if an appropriate option to address the young person’s conduct is through a restorative justice process. 

If restorative justice is not deemed by police to be a safe option, ACT Policing would likely place the offender under arrest for breach of the order, with a view to request bail conditions. In these circumstances, input from Child and Youth Protection Services would be    requested by police to assist in identifying appropriate kinship care, accommodation and    ongoing supervision.

The question of bail, detention, penalty units or no further action would be for the ACT Children’s Court to determine during its own processes.

(5) When responding to a breach of an FVO or PPO, ACT Policing refers to its internal guidelines. The guidelines act as a supporting reference for ACT Policing officers when assessing the practicality and enforcement considerations of applying police powers under the Family Violence Act 2016. 

ACT Policing has established additional operating procedures for the service of various order types, some of which involve ongoing risk assessment and prioritisation in consultation with the Family Violence and Victims of Crime Teams.

As per best practice, ACT Policing regularly reviews these guidelines to ensure they appropriately reflect any legislative reforms in the family violence space.