Police Take the Civil Way To Stop Domestic Violence

BIRMINGHAM'S Anti Social Behaviour Unit is leading the way in using civil orders to combat the problem of domestic violence.

The unit - run in partnership by West Midlands Police and Birmingham City Council - is attracting interest from around the country in the way it is helping victims by using a variety of methods to prevent abuse.

Birmingham has been innovative in its use of civil powers, such as the Local Government Act and Housing Act to gain injunctions and prevent further violence.

In extreme circumstances it has been possible for cases to be brought against offenders without the co-operation of the victim. If they are scared of reprisals or just reluctant to bring charges, officers can still take action - resulting in them not just helping the victim, but also taking a problem out of a neighbourhood and making life better for the community.

If the order is breached, the perpetrator is brought back to the county court, and if the breach is proven, then this can lead to imprisonment.

PC Christina McCarthy of BASBU, said: "Other authorities come from around the country to see the work we are doing here. Everything that we do is in partnership with the city council. It is a problem-solving approach using civil orders. It is cutting edge work and supports operational policing perfectly.

"Some people don't want to give evidence, they can be scared of their partner and it is hard for the police to take criminal action, but with civil orders we can use police evidence and be in the county court very quickly.

"If the victim lives in council property, we have a duty of care to tenants and we can take out a civil injunction which bars the offender from visiting the address or having any contact and that prevents any further abuse. We can exclude offenders from areas and from contacting victims by telephone."

In one case an elderly, bedridden man was being subjected to violence in his home and was regularly seen with bruises, but he refused to give a statement. Therefore, in order to support the victim the court had to rely on evidence submitted by the police and the carer. Subsequently an injunction was issued ordering the offender to stay away from the property.

In another case a 17-year-old woman in a council flat had a violent 24-year-old boyfriend and there were numerous calls to police for assault, but she refused to go to court. By just using the police logs as evidence, officers gained an emergency injunction preventing him from contacting her or going within 100 metres of her home.

In one circumstance an offender breached an order by making threatening gestures and mouthing a threat to the victim in the street. Criminal action would have been impossible since this was a case of one person's word against another. However, with civil powers he was prosecuted for breach of an order and in his absence was given a three month prison sentence.

Since 2006 there have been well over 100 cases of domestic violence dealt with by officers in BASBU using civil powers and they are hoping that officers from across Birmingham will make use of the new approach and call on them for advice when needed.

Although criminal prosecutions are the first option, the civil powers are there when needed and if anyone breaches an order they can be swiftly brought back to county court where a custodial sentence is likely. Any breach is viewed as a contempt of court.

The use of civil orders is only possible because of the close working relationship with Birmingham City Council and only applies to the area covered by the authority.

But it is hoped their use will spread in the months and years to come, with more authorities following Birmingham's example.

PC McCarthy added: "We are breaking new ground all the time and helping more people, particularly the vulnerable.

"Birmingham is leading the way, but it wouldn't happen without the police and the city council working together."

*To report anti-social behaviour, call the 24-hour helpline on 0121 303 1111. Or for help and advice BASBU can be contacted on 0121 303 3191.