F11 Police safety orders

Question 1

What is a Police Safety Order (PSO)?

Answer 1

An immediate order issued by a Qualified Constable

Most often used when you know there has been an offence and you have insufficient evidence to make an arrest

OR

You believe that if a PSO is NOT issued family harm will continue after you leave.

Question 2

Who can issue a PSO?

Answer 2

A qualified Constable (A Sergeant or a Constable who has been specifically appointed under Section 62 of the Policing Act 2008)

Question 3

Consent is not required from the PAR to issue a PSO. (IMPORTANT)

Identify correct section;

Answer 3

Consent of PAR

Section 30 = Police safety order: issue without consent

Question 4

Section 31- Police safety order: limit on issuing against child.

Who cannot have a PSO issued against them?

Answer 4

A child under the age of 16 years old.

Question 5

If you are planning on issuing a PSO you can detain a person for up to 2 HOURS. This allows you to obtain authorisation to issue and serve the order.

Identify correct section;

Answer 5

Section 32(1) = Power to Detain

Question 6

A Parenting Order is suspended when a PSO is issued.

Identify correct section;

Answer 6

Section 41(2) – Suspension of Parenting Order

Question 7

You can issue a PSO for up to 10 days. Starting point 24 hours then factor in a range of considerations i.e weekends, public holidays, ability of PAR to get help etc

Identify section this applies to;

Answer 7

Section 35 - Duration of PSO

Question 8

PSO must be served within 48 hours. (usually applies when you want to serve a PSO but the bound person is not there)

Identify correct section;

Answer 8

Order must be served promptly

Section 34 – Police safety order: lapse if not served promptly on bound person

Question 9

What are the effects of a PSO?

Answer 9

Weapons
- Must surrender weapons/firearms licence

Violence

• CANNOT Physical, sexual, psychological etc
• CANNOT Threaten a person

Contact

• Must not contact the applicant
• Cannot loiter where a applicant is likely to be i.e. workplace, gym etc
• Cannot follow the applicant

Question 10

When bringing a bound person to court, the court can do one of the following;

Answer 10

• Direct the police to issue another PSO not exceeding 10 days
• Adjourn the proceedings to see whether a Temporary Protection Order can be issued

Question 11

Failing or refusing to remain after being detained: Arrest for failing to remain is found in which section?

Answer 11

Section 32(2)

THIS IS THE ONLY POWER OF ARREST YOU HAVE IN RELATION TO A PSO

Question 12

Any person breaching a PSO MUST be bought before the courts within how many hours?

Answer 12

24 hours

*If this is not possible summons them to a new court date

If the person who has been served with a summons fails to appear. The District Court may issue a warrant to arrest that person to bring them before the Court.

Question 13

How long do you have to locate someone who breaches a PSO and they cannot be located?

Answer 13

You have 1 month to locate them

Question 14

What does Section 43 relate to?

Answer 14

Contravention/Breaching a condition of a PSO

Question 15

What is the correct statement when taking someone into custody?

Answer 15

“I am taking you into custody for breaching the Police Safety Order” (They are not arrested or detained but BOR still apply)

Question 16

What is the process for serving PSO on a person?

Answer 16

• 5F PSO to be issued
• obtain permission from Sgt
• serve the order on the bound person
• explain the purpose, effect, duration and consequences of breaching the order

*you have 2 hours to serve this notice

Question 17

What is the process for serving PSO on bound person NOT present?

Answer 17

• 5F PSO to be issued
• obtain authorisation from Sgt
• 48 hours to locate bound person to serve order

Question 18

Breaches of PSO process;

Answer 18

PSO in effect - Bound person breaches PSO - Bound person taken into custody

PSO in effect - Bound person not located at address- Have 1 month to find bound person

Question 19

Identify the four options available to you when investigating a Family Harm Incident;

Answer 19

1 No further action

2 Issue a warning

3 Issue a Police Safety Order

4 Arrest the offender

Question 20

When dealing with Family Harm matters and Police Safety Orders, you have powers under which Act and Section?

Answer 20

Section 18, Search and Surveillance Act 2012

Question 21

When serving the order what must you explain to the bound person against whom the order is issued and the person at risk?

Answer 21

Section 33(1)&(2)

• purpose of the order.
• effect of the order.
• duration of the order.
• consequences of contravening the order.

Question 22

When can you make an arrest when dealing with PSO’s?

Answer 22

1. Any person against whom a PSO is going to be issued, fails or refuses to remain at a place where they are detained (section 32(2)).
2. Where a bound person breaches (fails or refuses to comply with any condition) a PSO you may apply to the court for a warrant to arrest (WTA). This provides a power of entry.