Rhiannon Evans Director of Services, Supporting Justice CIC ECLA (UK) Seminar 26 April 2016 The European Protection Order

Background Recognition of need to develop and deliver a more coordinated approach to victim and witness support across EU Strengthen rights and protection of victims and witnesses Backdrop of more fluid movement of people across and within EU Brings greater opportunities for committing crime across borders Exposure of victims to greater levels of risk (real and potential)

What is a protection order? A definition: A protection order is a decision, adopted as part of a civil, criminal, administrative, or other type of legal procedure, imposing rules of conduct (prohibitions, obligations or limitations) on an adult person with the aim of protecting another person against an act which may endanger his/her life, physical or psychological integrity, dignity, personal liberty or sexual integrity.

Aims Aims to protect a person against a criminal act of another which may endanger: Person’s life Physical, psychological or sexual integrity Aims to prevent: Any form of harassment Stalking and other forms of indirect coercion New criminal acts and reduce consequences of previous criminal acts

EPO: Process Protection measure issued in member state Information to protected person if going to reside (or visit) other state Application for EPO Right to be heard by person causing danger if haven’t had previous opportunity Issuing of EPO by original state Acceptance and execution of EPO by other member state

EPO – the prohibition Measures relate to imposing on person causing danger one or more of following prohibitions: Entering certain localities where protected person resides or visits Contact with protected person in any form (telephone, mail, fax, direct) Approaching the protected person

An example – how it might work Joe has been assaulted several times by his (ex) partner The case has been to court and protection measures have been issued His ex partner must not go within a kilometre of Joe and must not attempt to contact him by any means Joe has decided to move to Spain with a new partner The CPS has advised him that he is entitled to apply for an EPO Joe has applied for an EPO (with help from the CPS) and it has been granted

How it might work The EPO has been sent to the competent authority in Spain and accepted (via Annex 1 of the Directive) The person against whom the protection measures were granted will now be informed that they apply in Spain Joe has some assurance that the measures granted in England will keep him safe in another country

A real example EPO (Directive 2011/99 EU of 13 December 2011) adopted into UK Law by Statutory Instrument 2014 No Came into operation 11 January st EPO -Defendant convicted of 2 counts of common assault at West London Magistrates Court 4 February 2016 Partner originally from Sweden Court granted restraining order and prohibition from visiting a district in Sweden Victim advised to seek EPO and offered legal guidance CPS application to court and issuing of EPO

The Benefits Aims to help prevent DV and offer cross border remedy Is part of the move for a more integrated and cooperative approach to victim rights and services across the EU Has the potential to develop the culture of victim rights, support and common standards Is a very welcome development

Limitations The EPO relies on the original offence being a criminal offence in the executing country as well as the issuing state. Stalking is not an offence in all member states If not a recognised criminal offence, the receiving state can deny execution of the EPO. Competent authority in the executing state not required in all cases to take the same protection measure as those in issuing state

Difficulties for victims? Discretion and flexibility Different legal systems may generate uncertainty and confusion Effective communication regarding the granting of an EPO The duration of protection measures varies from state to state Access to an EPO

Difficulties for victims cont.. Costs – not clear about possible demand and resources needed National register of EPOs Monitoring data to improve practice

What next? How many applications, issue or execution will there be? How will we monitor not only the numbers of EPOs issued and executed but there effectiveness? Is there a need for central or national authority in each state to coordinate? Will we see a national register and statistical data system in place in each country to help monitor? How can we ensure better and more timely sharing of information between agencies (intra and inter state)

Closing remarks Education is fundamentally the best way to prevent future incidents of domestic abuse and violence EPO is an advancement of victim and witness rights and cross border cooperation

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