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You are called to a bail breach involving a couple who are not supposed to have contact. That contact has been repeatedly initiated by the party without conditions, because they miss their partner. How do you handle it?
Case Studies
- In a domestic violence case, a restraining order has been initiated by one partner, but the one with the restraining order wants to meet up. The partners have met up because they miss each other. What do you do? How do you manage that if there’s been consent in inviting them into their house?
Discussion
- Can you use police discretion (professional judgment)? When? On the face of it, a known bail breach has a very straightforward result (arrest and appearance in the next court) but is this always the best way to respond?
- What is the context for the case and what were the reasons behind the imposition of the bail conditions in the first place? For example, if it was a DV case and the restrictions were imposed to protect witnesses, or fear of further offences, this could be a very serious breach with profound repercussions even if the party that the conditions were imposed to protect does not wish to support police action (due to the breach of a court order, the desires of the other party may not be the overriding factor in this case).
- What are the intended consequences or unintended consequences of your decision? Where are you going to document the decision including why you “didn't do something”?