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A study of the specialist Family Violence Courts in Waitakere and Manukau has raised fears delays are putting victims at risk and more of those appearing before one court are going on to reoffend.
The Waitakere FVC was set up in 2001 and another in Manukau in 2005 to speed up the handling of domestic violence cases and bring together different agencies to protect the victims.
They have subsequently been set up in Masterton, Lower Hutt, Porirua and Auckland, and others are planned.
The report said the adequacy and timeliness of the courts depended on resources and both Waitakere and Manukau courts felt their operation now ran more smoothly.
"The research has identified, however, that victim safety may be compromised by some processes at these courts," the report said.
There had also been an increase in the number of discharges without conviction.
"These may be conveying the impression that family violence is not serious. Replacing charges with ones which are less serious may also risk creating the wrong impression."
The study said reconviction rates could show whether the FVC had increased the accountability of offenders for their actions, but added the statistics should be treated with caution.
"On the basis of one year reconviction rates, the introduction of the Waitakere FVC has not had any significant effect on family violence reconvictions. The overall family violence reconviction rate rose by 4 percentage points after the FVC was established in Manukau."
The plan to speed up hearings had not succeeded, the report said.
"The Waitakere FVC has not been entirely successful in its aim to `fast track'... Delays were reduced initially at Manukau, but this had not been sustained."
Some victims in Waitakere said their safety was at risk if charges or arrests did not occur despite breaches and delays were increasing the opportunities for offenders to threaten victims.
Manukau FVC was frequently dealing with 60 cases per list day rising to 70 after the summer holidays
More judges and courtrooms were needed, and there was a need for greater co-ordination of services and more programmes for offenders.
Courts Minister Rick Barker said he welcomed the report and it would help the ongoing effectiveness of the FVCs.
Work was already under way to train court staff, as well as developing an independent victim advocate service and more money for counselling and rehabilitation.
Chief District Court Judge Russell Johnson said he was optimistic for the future of the courts.
"The evaluation indicates that progress is being made with courts that are dedicated to dealing with problems involving family violence, while acknowledging the courts' effectiveness can be increased by further appropriate resources and support programmes."
Judge Johnson said the courts could still improve performance, but it was encouraging that month by month progress was being made to iron out difficulties, which were chiefly of process.
He said the new courts had been affected by huge growth in demand for their services, beyond anything the justice system in New Zealand had experienced before.
"The Family Violence Courts are working well, but it should not be assumed that a court process alone will ever solve a significant problem involving crime.
"For family violence the answer lies ultimately in the community."
- NZPA
