New South Wales Police Force, Code of Practice for the NSW Police Force Response to Domestic and Family Violence (2018).
See pg 43: ‘The victim, offender and witnesses (if applicable) are to be interviewed, statements taken and physical evidence is to be gathered and a determination made as to whether sufficient evidence exists to commence criminal proceedings. If sufficient evidence is present, the offender is charged with appropriate criminal offence/s and/or police apply for a Provisional/ urgent ADVO. Ensure that appropriate ADVO and/or bail conditions are placed on the offender to ensure victim’s safety.’
Office of the Director of Public Prosecutions (NSW), Prosecution Guidelines (at March 2021).
See Chapter 5.4 :- Information about bail.
The victim must be:
•
notified whenever the accused applies for bail, including any application to vary the conditions of bail
•
consulted about any need for protection they may have prior to the hearing of the bail application
•
promptly informed of the outcome of any bail application, including any special bail conditions designed to protect the victim or the victim’s family.
Information about the date, time and location of court listings:
•
The prosecutor must inform the victim about the date, time and location of any mention or hearing of the case, including bail, committal, trial, sentence, appeal and breach of sentence hearing.
Information about the outcome of hearings:
•
The prosecutor must inform the victim about the outcome of any part of the proceedings, including bail, criminal case conference, committal, trial, sentence, appeals and breach of sentence.
Victoria Police, Code of Practice for the Investigation of Family Violence, 3rd ed, version 4 (2019).
4.2.3 …Depending on the current charges and criminal history of the perpetrator, the Bail Act 1977 may require that the perpetrator first demonstrate exceptional circumstances or a compelling reason prior to any grant of bail. The Bail Decision Maker is also required to inquire whether an intervention order, FVSN or DVO has been issued and consider specifically the risk of future family violence when deciding to grant bail.
4.2.4 When proceeding by way of charge and bail, Victoria Police align the conditions of bail with the conditions of an FVIO, FVSN or recognised DVO. If the victim can be better protected by further civil conditions, Victoria Police will make an application to vary the original order. Pursuant to the Victims’ Charter Act 2006, police must advise the victim if the perpetrator is released on bail.
New South Wales Police Force, Code of Practice for the NSW Police Force Response to Domestic and Family Violence (2018).
See pg 43: ‘The victim, offender and witnesses (if applicable) are to be interviewed, statements taken and physical evidence is to be gathered and a determination made as to whether sufficient evidence exists to commence criminal proceedings. If sufficient evidence is present, the offender is charged with appropriate criminal offence/s and/or police apply for a Provisional/ urgent ADVO. Ensure that appropriate ADVO and/or bail conditions are placed on the offender to ensure victim’s safety.’
Office of the Director of Public Prosecutions (NSW), Prosecution Guidelines (at March 2021).
See Chapter 5.4 :- Information about bail.
The victim must be:
•
notified whenever the accused applies for bail, including any application to vary the conditions of bail
•
consulted about any need for protection they may have prior to the hearing of the bail application
•
promptly informed of the outcome of any bail application, including any special bail conditions designed to protect the victim or the victim’s family.
Information about the date, time and location of court listings:
•
The prosecutor must inform the victim about the date, time and location of any mention or hearing of the case, including bail, committal, trial, sentence, appeal and breach of sentence hearing.
Information about the outcome of hearings:
•
The prosecutor must inform the victim about the outcome of any part of the proceedings, including bail, criminal case conference, committal, trial, sentence, appeals and breach of sentence.
Victoria Police, Code of Practice for the Investigation of Family Violence, 3rd ed, version 4 (2019).
4.2.3 …Depending on the current charges and criminal history of the perpetrator, the Bail Act 1977 may require that the perpetrator first demonstrate exceptional circumstances or a compelling reason prior to any grant of bail. The Bail Decision Maker is also required to inquire whether an intervention order, FVSN or DVO has been issued and consider specifically the risk of future family violence when deciding to grant bail.
4.2.4 When proceeding by way of charge and bail, Victoria Police align the conditions of bail with the conditions of an FVIO, FVSN or recognised DVO. If the victim can be better protected by further civil conditions, Victoria Police will make an application to vary the original order. Pursuant to the Victims’ Charter Act 2006, police must advise the victim if the perpetrator is released on bail.