FH11 - POLICE SAFETY ORDERS

Question 1

QUALIFIED CONSTABLE/SUBSTANTIVE SGT OR ABOVE

Answer 1

A qualified constable means a constable who is of or above the rank of sergeant.

Question 2

POWER TO DETAIN

Answer 2

SECTION 32(1)
A Constable proposing to issue a PSO against any person may detain that person for a period not exceeding 2 hours.

Purpose of detention is to:

• obtain authorisation from qualified constable
• issue the order
• serve the order

Question 3

CONSENT

Answer 3

SECTION 30
Police do not need the consent of the person at risk to issue a PSO. By not requiring their consent we are able to avoid the person at risk being blamed for police action.

Question 4

DURATION OF A PSO

Answer 4

1-10 days duration

• The PSO comes into force immediately on being served on the bound person
• The PSO continues in force for a period specified in the order but no longer than 10 days.

Question 5

WHEN TO ISSUE A PSO?

Answer 5

• Between people in a domestic relationship, but not children (16 -17 only if justified by special circumstances, Snr and above authorised)
• RGTB it is necessary to ensure the safety of the person at risk (PAR)
  AND have not arrested person for offence involving violence on PAR
• Must be authorised by a Sergeant or above (qualified constable)
• We arrest if we have enough evidence.
• We can arrest then if there isn’t evidential sufficiency change to a PSO.
• If arrested for unrelated to FH but you believe safety an issue can issue PSO.

Question 6

WHAT MUST BE CONSIDERED WHEN DETERMINING WHETHER TO ISSUE A PSO?

Answer 6

• person A has used, is using, domestic violence against person B or
• any other person with whom person A has a domestic relationship

Question 7

HOW WOULD WE DISCUSS WITH A VICTIM?

Answer 7

• Protects you up to 10 days – opp. to get PO/move out/etc.
• It is Police issuing it, not you – we will make that clear
• If they breach, we will take them into custody
• PEDC – Purpose, Effect, Duration, Consequences

Question 8

HOW DO WE SERVE A PSO IF THE BOUND PERSON TAKES OFF OR DOESNT REMAIN?

Answer 8

• Power of detention
• 2 hours – obtain authority/issue/serve
• Use of force
• Caution rights – “You are being detained for…”
• Search
• Resists/fails to remain – K9 – Sec 32(2)(b) FVA 2018

Question 9

CANT LOCATE A PERSON?

Answer 9

• We can issue the order and pass on a file for the bound-person to be located by other units
• We have 48 hours to locate the person
• Otherwise it lapses

Question 10

HOW TO SERVE A PSO?

Answer 10

• Obtain authorisation from NCO, fill out PSO form
• Serve on bound person, explaining PEDC – Purpose, Effect, Duration, Consequences
• Advise to read order, seek legal advice if unsure
• Advise CRL – 0800 NZP PSO, gets entered into NIA
• Explain the PSO again to the victim, conditions, durations, consequences
• Scan/attach PSO to NIA

Question 11

PSO CONDITIONS?

Answer 11

• Almost identical to those of a protection order (for the shorter time period)
• Firearms/licences – immediate surrender
• Living together contact provision doesn’t apply

Question 12

PSO BREACHES

Answer 12

• Take them into custody – arrest
• Appears before Court
  New PSO
  Protection Order
  No action
• Must appear before the Court in 24 hours, otherwise they get released and summonsed to appear at a later date (same as PO’s)
• No offence as such – does not appear on conviction history (unlike PO’s

Question 13

SERVE PSO AND BOUND PERSON NOT PRESENT

Answer 13

Have 48 hours to serve the order. Order starts from the time you decide to issue it NOT when you find them.