FH11 Police Safety Orders Flashcards
(23 cards)
What is the purpose of issuing a PSO?
When there is not sufficient evidence for you to make an arrest for a Family Harm offence and you believe it is necessary to take action to ensure the safety of the person at risk.
What are the standard conditions of a PSO?
A bound person must immediately;
- surrender any weapon
- any firearms licence held (deemed to be suspended)
- vacate any land occupied by the person at risk (whether or not they have a legal interest in the land or building - family home for example)
Other conditions;
- no physical or sexual abuse (& threats)
- not damage any property
- not make any contact with the person at risk
Note: The effect of a PSO mirros that of stanard Protection Order conditions.
What is a ‘bound person’?
The person against whom the PSO is ordered.
Who can authorise vs issue a PSO and what’s the difference?
A qualified constable needs to authorise a PSO (e.g. sergeant or higher).
Any constable can issue a PSO that has been authorised by a qualified constable.
The difference is issuing is simply handing the PSO to the bound person.
Do police need to consent of the person at risk to issue a PSO?
No
When does a PSO come into force and how long does a PSO last?
Comes into force immediately.
Can not last longer than 10 days.
When must a PSO be served?
A PSO must be served by a Constabe as soon as practical on the bound person.
If the order is not served within 48 hours of being issued it lapses.
What information must be given to a bound person when you serve them a PSO?
- Purpose of the order
- Effect of the order
- Duration of the order
- Consequences of contravening the order
PEDC - ew ur a pedo…pedc…. your behaviour is disappointing
What happens to a Parenting Order when a PSO is issued?
A Parenting Order is suspended for the duration of the PSO.
PSO > Parenting Order
What happens to someone if the breach the PSO?
There is no offence so you cannot arrest or charge them.
However, you can take them into custody.
Note: As you are detaining them for purpses of delivering them to court, you still need to read them their rights.
When must the person who was taken into custody appear in District Court?
Within 24 hours otherwise they must be released and served with a summons to appear before the District Court.
What situations provide you with a power of arrest in relation to a PSO?
- Fails or refuses to remain at a place when they are detained
What can the District Court when a person breaches a PSO?
- Direct the Police to issue another PSO not to exceed 10 days to be served on the bound person as soon as possible
- Adjourn the proceedings so that a DC Judge can consider whether to issue a temporary Protection Order
How long may a person be detained following a District Court decision?
For no more than two hours
A qualified constable or a constable authorised by a qualified constable may issue a Police safety order against a person who is or has been in a domestic relationship with another person (the person at risk) if the constable has _______________, taking specified matters into account, that the issuing of an order is necessary to ensure the immediate safety of the person at risk
Reasonable grounds to believe
When can a PSO not be issued?
- The alleged violent person is the subject of a protection order and the applicant is the person at risk
- The alleged violent person is arrested for a family violence offence
- The person is under 16 years of age
For what reasons can you detain someone to create a PSO?
- Gain authorisation from a qualified constable (senior sergeant or above)
- Issue the PSO
- Serve the PSO
Note: You cannot use this 2 hours in order to fill out the necessary paper work…
What factors should you consider when issuing a PSO?
- Whether it is likely that the alleged violent person has used, or is using domestic violence against the person you perceive to be at potential risk, and /or any other person with whom the alleged violent person has a domestic relationship and will use or again use domestic violence against the person at risk
- Welfare of any children residing with the person at risk
- Hardship that may be caused if the order is issued
Can you issue a PSO to a troublesome 16 or 17 year-old?
Generally no for just being troublesome, but it is considered under very special circumstances.
When must someone surrender their firearms to the Police following a PSO?
Immediately
What is considered a ‘family relationship’?
(a) is a spouse or partner
(b) is a family member
(c) ordinarily shares a household
(d) has a close personal relationship
Under the Family Violence Act 2018 what is ‘violence’?
Physical, pyschological or sexual abuse
Under the Family Violence Act 2018 a ‘child’ is defined as…
Under 18 years
