Who can issue Police Safety Orders?
A qualified constable.
A qualified constable is a constable of or above the position level of sergeant. They must hold the substantive position level or otherwise be formally appointed or authorised under section 63 Policing Act 2008 to the appropriate position.
What are the effects of a safety order?
The immediate effects of a police safety order requires a person to:
1) surrender any weapon in their control or any firearms licence held to a constable
2) vacate any land or building occupied by a person(s) at risk regardless of whether the person against whom the order is issued has a legal equitable interest in it
What effect does a Police Safety Order have on a parenting order?
It suspends it.
Any day to day contact or care of a person provided for in the parenting order has no effect and the provisions of the safety order apply.
When can a police safety order be issued?
If a constable:
1) Does not arrest the bound person for an offence involving the use of violence against the person at risk
2) has reasonable grounds to believe, taking specific matters into account, that the issuing of an order is necessary to ensure the immediate safety of the person at risk
When can a police safety order NOT be issued?
1) if the person is under 17 years old
2) if the alleged violent person is the subject of a protection order issued by the family court and the applicant is the person at risk. It is likely that the behaviour complained of will constitute a breach of the protection order
What is the maximum length of a police safety order?
What are Police powers pending the authorisation and issue of an order?
1) detain the person against whom the order is to be issued for up to 2 hours to allow you to obtain the necessary authority and to issue and serve the order on that person.
2) remove the person from the premise and to a police station or place used as a police station (eg: a patrol car) during the period of the detention.
Is it an offence for a person to fail to remain for a police safety order to be issued?
Yes. A person who refuses to remain at the place where they are detained:
- commits an offence and is liable on summary conviction to a fine not exceeding $500
- may be arrested without warrant
What must you do if you are unable to issue and serve a police safety order within 2 hours?
You must release the detained person.
You then have a period of 48 hours to issue and serve the order on that person
When does the 48 hour period to issue a police safety order begin?
It commences from the time a qualified constable authorised the issuing of the police safety order
What must you do if a bound person is arrested for breaching a police safety order?
1) Bring them before the court within 24 hours
2) Make a complaint to the court requesting that it makes an order under section 124N of the act
3) if the person cannot be brought before a court within 24 hours, at or before the expiry of the period you must release the person and summons them to appear
What must you do if a bound person absconds after breach a police safety order?
You must advise CRL.
You have one month from the time of the beach to locate the person and bring them into custody. You then have 24 hours to bring them before the court.
Can you apply for a warrant to arrest to be issued when a bound person has absconded after breaching a police safety order?
When a warrant is executed you must:
1) bring the person before the court as soon as possible
2) make a complaint to the court in the prescribed form so that the court can exercise its jurisdiction under section 124N
The warrant can only remain active for 1 month.
What are the powers of the court where a person has refused or failed to comply with a police safety order?
The court may:
1) direct another order be issued for a period not exceeding 5 days. This must be served as soon as practicable
2) adjourn proceedings so that a district court judge can consider whether a temporary protection order should be issued
If a person bound by a police safety is brought before a court for breaching that order- who notifies the person at risk?
Prosecutors must advise the person at risk of the court decision and any subsequent action. If the person at risk is not present at court then the prosecutor, officer of the court or constable of a district must try to contact the them to advise them of the court outcome.
What must a prosecutor, officer of the court or constable do if they cannot advise a person at risk of a court outcome in regards to a police safety order breach?
They must request the crime reporting line to contact the person by:
- making 3 attempts of telephone calls within 1 hour
- then send a local unit to compete a 4Q follow up event
- update NIA record to reflect action take.
What are the 7 key or critical points surrounding protection orders?
1) to ensure the safety of victims and police, service of protection orders must be afforded priority and carried out without delay
2) police must serve protection orders if the respondent:
- holds a firearms licence
- is believed to be in possession of or have access to a firearm
- service is assess as being a significant risk to the server
3) at the time of service police must demand surrender of all firearms and the firearms licence
4) police service of protection orders are crime prevention and victim focus safety opportunities
5) The officers serving a protection order must ensure the victim is contacted and informed that service has occurred
6) district court and police staff must develop and implement robust and information sharing, risk assessment and safe service delivery practises for protection orders
7) all breaches of protection orders must be taken seriously and if there is sufficient evidence it is expected that in most cases the offender will be arrested and prosecuted for the breach
Are children protected under protection orders?
Yes. A protection order automatically affords protection to the applicant and any child of the applicants family.
A child aged 17 years and older remains protected until they leave home.
Are adult children protected under protection orders?
Adult children not living with the applicant must be identified on the order as a specified person or apply to the court for an order as a protected person.
Can a district court issue a protection order?
Yes- they can issue protection orders that have the same effect as those created by the family court.
Example-if a court is satisfied that a person has failed to comply with a police safety order a temporary protection order can be issued without application.
When must a respondent to a protection order surrender weapons to police?
As soon as practicable after the service of a protection order (and within 24 hours of the service
On demand made, at any time by a constable
What happens to a respondents firearms licence when a protection order is issued?
If a temporary protection order is issued then a firearms licence held by the respondent is deemed suspended.
The firearms licence is deemed to be revoked when an order becomes final.