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Discussions: Police powers - coercive control as a criminal offence -…
Discussions: Police powers - coercive control as a criminal offence
Current powers under the Police Powers and Responsibilities Act 2000 (Qld) (PPR Act)
To detain: s 21
What is a place? Is this one example of the powers conferred by the PPRA already being too broad?
To arrest without warrant: s 365
See ss (1)(j) which refers to (DFVP Act)
Consider raising the grounds of arrest from reasonable suspicion to avoid floodgates?*
To arrest under warrant: s 369
Some forms of coercive control could give rise to evidentiary difficulties / difficult to obtain warrant
Police and Judicial systems currently not responding well to domestic violence - delay
Increased powers to Police by criminalising coercive control v coercive control to be nested among other domestic violence offences that are legislated and dealt with in the civil jurisdiction*
Criminalising could create more of a deterrence than a bar - Police may not choose to enforce due to potential convolution of powers - consider practicalities
Proposed elements of offence / standard of proof
Would there need to be some kind of mental intent on the part of the Defendant in order for the offence to be proved beyond a reasonable doubt - discuss potential issues with proof on the balance of probabilities*
Police may have difficulty securing evidence e.g. in instances of emotional manipulation and financial control
Potential for misapplication?
Police culture
Without an increased understanding of coercive control Police could make poor judgement / over-criminalise*
The need to mitigate potential adverse or unintended impacts of criminalisation (including misidentification of perpetrators) in relation to policing response
The need for system reforms
Resourcing
Significant financing will be required to equip Police to identify, respond to and investigate coercive control
Human Rights Act 2019 (Qld)
See s 29 - right to liberty and security of person
Division 1 - scrutiny of new legislation i.e. compatibility with human rights
Domestic and Family Violence Protection Act 2012 (Qld) (DVFP Act)
See s 8 DFVP Act - meaning of domestic violence
See s 13 DFVP Act - meaning of relevant relaitonship
What is the breadth of relationship that will be encapsulated - relevant behaviours / patterns should be considered
Look at how the United Kingdom have legislated coercive control and their policing response as a comparative framework