The Family Violence Programme (FVP) is available to an accused person who has been formally charged, by the Western Australian Police, with a "family violence" offence. The programme is funded by the Department of Justice and is of no cost to an accused.
To be eligible for the programme, an accused person must plead guilty to the family violence offence(s) for which they have been formally charged. Further, an accused person must want to participate in the programme, and be willing to address the family violence behaviours and make positive lifestyle changes.
Agencies or Bodies involved with the FVP:
The below agencies are involved in, and with, the FVP as part of the Case Management Team. The involvement of each of the below will of course depend upon the circumstances surrounding the offence, and the circumstances of the victim and the accused:
- Adult Community Corrections and Department of Justice;
- Family Violence Services (victim services);
- Western Australian Police;
- Anglicare or Communicare;
- Department of Communities (Child Protection and Family Support); and
- Other external service providers who offer counselling and/or relevant programmes such as mental health services and/or drug & alcohol services.
An accused person must be willing to sign a written consent authority for the Family Violence Case Management Team to obtain information from the agencies listed within that authority. This may include, but is not limited to, information from an accused's General Practitioner and other service providers.
An accused person must also consent to the collected information from the agreed agencies being shared and discussed between the members of the allocated Case Management Team, and for the purposes of the relevant Court Hearings.
How do I get onto the FRP?
An accused can be referred for assessment, for suitability for placement into the Family Violence Programme in the Magistrates Court, at the time a plea of guilty is entered for the offence(s).
Not all Courts, at this stage, are able to facilitate the programme, which may mean an accused person may need to be assessed and then have their matters referred to a different Magistrate Court location to participate in the programme.
The Courts which are currently able to facilitate the programme through the designated family violence listings are:
- Perth Central Law Courts
- Joondalup Magistrates Court
- Fremantle Magistrates Court
- Midland Magistrates Court
This of course may be subject to change over time as the programme grows and develops.
What happens once an accused is referred for Assessment for FVP?
If a Court refers an accused for assessment, an accused's criminal matters will then be adjourned, or put off, for a Hearing a period of between 4 to 6 weeks. This initial adjournment period will allow time for the accused to both arrange and attend at an interview with Communicare, where their suitability for the Connect and Respect program will be assessed. Then a Communicare Assessment Report will be compiled for the accused's next Court Hearing.
It is also often the case that during this adjournment period, and depending on the seriousness of the family violence offence(s), the accused will also need to attend a further interview with Adult Community Corrections for the purposes of obtaining a Pre-Sentence Report with respect to the offences.
If an accused is accepted into the FVP what happens next?
Wait list:
- If an accused person is accepted into the FVP then they will be placed on the priority demand list for placement in the programme at the next court hearing of their matter(s).
- Whilst on the waiting list, an accused person will be required to attend weekly or fortnightly supervision sessions with Adult Community Corrections for the purposes of pre-group intervention.
- During these pre-group intervention sessions, accused persons are given assistance to address the other factors which may have contributed to, or been an underlying cause of, the offending behaviours (i.e mental health, substance abuse, or employment issues) by Adult Community Corrections and other relevant service providers.
FVP Programme commencement:
- Once the accused has formally commenced participation in the programme, that person will be then required to attend regular Mention Hearings in the relevant Magistrate Court throughout the duration of the programme.
- At these Mention Hearings, the Magistrate will be provided with updates on the accused's engagement and participation within the programme. It is important to note that there are certain expectations of an accused in the programme, which if not met could result in the placement in the programme being terminated.
Completion of the FVP – what then happens next?
Upon completion of the programme, an accused's matter will be set for a Sentence Hearing a period of 4 to 6 weeks later.
At the Sentence Hearing the Court will be provided with a Pre-Sentence Report from Adult Community Corrections and the FVP Completion Report to consider before a final Sentence is imposed upon the accused for the offence(s)
Legal advice and representation is always encouraged where an accused is facing criminal charges and especially so in circumstances where an accused is facing multiple or serious family violence offences.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.