LASTA screening model
In most cases of suspected violence against a child, it is advisable to discuss the child’s situation together in a multidisciplinary manner in a LASTA screening meeting on the basis of information provided by the police, the prosecutor, the social welfare authority and health care.
Description of the LASTA screening process
- Initial measures
In unclear cases, the police may first conduct a preliminary investigation to determine whether an actual pre-trial investigation should be launched in the matter. A notification of a preliminary investigation (notification S) is recorded for the preliminary investigation. If an offence is suspected from the beginning, in other words, the details of the notification already exceed the threshold for reason to suspect in terms of some of the elements in the Criminal Code, a report of an offence is recorded directly (notification R).
Thorough initial measures taken in the preliminary investigation often provide the required information about what has happened and where and who the parties to the matter are. After the initial measures, it may emerge that there is no reason to suspect an offence or it may be proposed that the investigation be restricted on certain grounds (Box 3).
However, if the threshold for reason to suspect is exceeded in light of the information obtained in the preliminary investigation or the police find that, to clarify the matter, the parties should be questioned, a report of an offence is recorded for the actual pre-trial investigation. After the report of an offence has been recorded, clear suspected offences are subjected to the actual pre-trial measures directly after the initial measures (Box 4).
Even in the initial measures, it is important to remember to ensure that the best interest of the child is objectively looked after and to submit the required notifications to the prosecutor.
- LASTA screening
In spite of thorough initial measures, there are cases being investigated in which it is advisable to discuss the continuation in multidisciplinary cooperation in a LASTA screening meeting on the basis of information from the police, the prosecutor, the social welfare authority and health care. In the meeting, the participants go through the background information collected to the LASTA form and decide on how to proceed. The pre-trial investigation and therefore also the meeting is led by the police. Every case is considered on a case-by-case basis and they proceed quickly to the actual pre-trial investigation measures (Box 4) or to the decision on a pre-trial investigation in the hands of the police or the prosecutor (Box 3).
In minor cases, it may be in the best interest of the child that, instead of a criminal process, another authority continues to work with the child and the family and the police propose to the prosecutor that the pre-trial investigation be restricted, for example, on the grounds of reasonableness. When the grounds for making the decision have been recorded in a form during the screening process, the background for the decision can be checked afterwards.
Both in restricted cases and in situations where the investigation proceeds, it is important to consider the support measures needed by the child and the family. It may emerge in the meeting that the child and the family require stabilising support from health care or that their need for services must be assessed and the child’s need for protection must be investigated. Considering the child’s situation from the point of view of the investigation, protection, treatment and support are at the core of the LASTA screening model.
The benefit of the meeting in all situations is that the authorities plan and agree together what each of them will do and can do and what the schedule for it will be. This saves the actors’ resources and the interest of the child is realised best.
- Options for the decision
Only in clear cases can the police decide in an investigation that no offence has been committed or that there is no reason to suspect an offence. The assessment of the evidence is always the responsibility of the prosecutor. In some cases, the police can propose to the prosecutor that the pre-trial investigation be restricted. In offences against children, restrictions are often proposed on the grounds of no evidence, reasonableness or negligence. If there are no prerequisites for continuing the pre-trial investigation or the identity of the perpetrator is not clear after all possible pre-trial investigation measures have already been taken, the pre-trial investigation may also be discontinued. A discontinued pre-trial investigation is immediately reopened as an active pre-trial investigation if new information on the case emerges.
- Pre-trial investigation
A pre-trial investigation is conducted in the investigation of offences. In the pre-trial investigation, the other authorities are taken into account widely and different tactical and technical measures are considered to investigate the offence and to obtain evidence for or against the matter. The tools enabled by legislation, such as coercive measures, should also be used and taken into account when investigating offences against children. When the pre-trial investigation proceeds, it is important to always remember the best interest of the child.
- Consideration of charges, trial and sentence
In the end, the pre-trial investigation proceeds to the consideration of charges, possible bringing of charges, proceedings in the district court and, in the end, the sentence.