FH11: Police Saftey Orders Flashcards

1
Q

What is the purpose of a PSO

A

To help enact a separation between two people as a “Cooling off period”.

It is temporary on not as serious as a full protection order. Can last a maximum of 10 Days.

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2
Q

What are the standard conditions of a PSO?

A

Conditions are similar if not identical to those set out by a protection order EXCEPT the ability to reside together in the same address for the duration of the PSO

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3
Q

What is the maximum time a PSO can be issues for?

A

10 Days Max

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4
Q

Define the term qualified constable.

A

Any sworn constable ranked Sergeant or higher

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5
Q

What is my power to detain somebody in relation to PSO’s and the restriction of that power

A

I can detain somebody for maximum 2 hours to establish need and admin of a PSO.

There’s is no direct offence for somebody refusing to follow orders if a PSO. (Maybe?…)

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6
Q

Is consent needed to issue a PSO?!

A

No. This takes responsibility of a PSO away from the victim. This means the victim avoids the blame for a PSO being ordered

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7
Q

How long do I have to serve a PSO which has been issued before it lapses?

A

48 Hours

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8
Q

What information do I need to provide the bound person and the person at risk when I serve a PSO?

A
  • Purpose of the order
  • Effect of the order
  • Duration of the order
  • Consequences of contravening the order
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9
Q

What action do I take on breach of a PSO?

A

There is no offence. I can’t arrest on breach but I can with RGTB a person has failed to comply, take that person into custody with any force reasonably necessary. I detain them

This person should be brought before district court within 24 Hours

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10
Q

What is the summoning process if someone remains in custody for 24Hours after breaching PSO

A

They are released and served with a Summons to appear in before the district court.

If they do no show, a warrant for their arrest may be issued

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11
Q

What are the courts options when dealing with a breach of PSO?!

A
  • Direct the police to order another PSO or extend the old one
  • Protection order created
  • Do nothing
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12
Q

What are the situation you can arrest someone relating to the issue of PSO’s

A
  • For resisting detainment during PSO investigation

- The court gives me a Warrant for arrest due to failure to comply with PSO order

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13
Q

If you can’t track down an offender for Breaching a PSO, how long do you have to be able to detain them

A

1 month from time of breach ti locate person

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14
Q

Explain Section 33 of the Family Violence Act

A

I need to inform both the Victim of the:

  • Purpose
  • Effect
  • Duration
  • Consequence
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