2 Flashcards
(8 cards)
In what instance must Police Serve the Protection Order on a respondent?
Only when:
- Granted without notice or
- Where the overall circumstances indicate a significant risk of harm
- Such as the respondent has a F/A licence and the F/A are to be seized
- All other times the court must serve
What is the procedure if you are unable to serve a PSO during the 2 hour period in which the person is detained?
- You must release the detained person
- You then have 48hrs to issue and serve the order on the person
- The 48hrs starts when the qualified constable authorises the issuing of a PSO
What are your responsibilities regarding their appearance at Court, When arresting for a Breach of PSO?
You must:
- Bring the person before the court within 24hrs.
- If this is not possible you must release at the expiry of the 24hrs
- And summons them to appear in Court
What can you do if you detain a child (16 or 17 years old) for the purposes of issuing a PSO and they abscond?
- You may arrest the bound child if they fail or refuse to remain at that place
- This applies regardless of whether an order is issued or served
- Will be dealt with in the Youth Court
Serving Protection Orders - What are the 4 service principals?
- Information gathering
- Safety
- Accountability
- Working collaboratively
I.W.A.S
After the district court has determined that a temporary protection order is to be issued, how long can the person be detained for and why?
- The District Court can detain the person for a period not exceeding 2 hours
- For the purpose of issuing and serving the order
What are the standard conditions of a Protection Order that a respondent must not do?
Hint: PCTD
- PHYSICALLY threaten or abuse the protected person
- Make any CONTACT with the Protected person
- THREATEN to sexually assault the protected person
- DAMAGE or threaten to damage the protected person property
When the making of a Protection Order, any firearms license held by the respondent is what?
- Deemed to be suspended
- The license becomes revoked when the order becomes final
