Best Practices where there is Family Violence (Criminal Law Perspective)
Table of Contents
- 1. Executive Summary
- 2. Introduction
- 3. Pre-Charge
- 4. Arrest and Bail
- 4.1 Introduction
- 4.2 Bail Basics
- 4.3 Crown Approach to Bail in Cases of Alleged Family Violence
- 4.4 Common Bail Conditions
- 4.4.1 "No contact directly or indirectly with the complainant except through a mutually agreeable third-party or pursuant to a Family Court order and only for purposes of arranging and facilitating child access"
- 4.4.2 "Contact with children to be exercised under the supervision of the child protection agency or pursuant to the order of a court of competent jurisdiction"
- 4.4.3 "Contact with children pursuant to a family court order that post-dates the date of this order" "Contact with children pursuant to a Family Court order"
- 4.5 Defence Counsel / Duty Counsel Approach to Bail
- 4.6 Bail Violations
- 4.7 Bail Variations
- 5. Pre-Trial Decisions and Procedures
- 5.1 Introduction
- 5.2 Cooperating with Child Protection Authorities
- 5.3 Use of Evidence from Family Law Proceedings in Criminal Proceedings
- 5.4 Use of Counselling and other Support Services in Criminal Proceedings
- 5.5 Use of Child Protection Files in Criminal Proceedings
- 5.6 Use of an Accused's Counselling Records
- 5.7 Use of "Crown Brief" in Family and Child Protection Proceedings
- 6. Trial Stage
- 7. Sentencing
- References Cited
- Case Law Cited
- Appendix A: Case Law Tool Kit for Defence Counsel and Duty Counsel
- Date modified: