FH11 Police Safety Orders Flashcards
What is a Police Safety Order? And when do you use it?
Issue a PSO at a family harm incident where an offence has occurred but there is insufficient evidence to arrest.
If both parties refuse to leave to cool off and you believe that family harm may restart after Police leave.
What are the standard conditions of a PSO?
The person bound must not
- act or threaten physical or sexual abuse
- damage or threaten property
- engage or threaten to engage in other behaviour that amounts to psychological abuse.
- encourage any other person to ^ or contact with
- watch, loiter near, or prevent or hinder access to any place
- follow, stop or accost
- remain on any land or building
- make any contact
With the person at risk
What is the duration of a PSO?
Begins immediately when served and continues for a specified time up to 10 days. Consider 24 hours for starting point.
Who can authorise a PSO?
A qualified constable can authorise any constable to issue a PSO.
A qualified constable is of Sergeant rank or higher.
What is your power to detain for a PSO?
Can detain a person for up to 2 hours for the purposes of
- obtaining authorisation to issue a PSO
- issue the order
- serve the order
$500 fine for failing to remain at place of detention
POA - S32(2)(b) FVA2018 for failing or refusing to remain.
Is consent required by the person at risk to issue a PSO?
No, Police can make that judgement
When do you have to serve an issued PSO by?
Within 48 hours of being issued, otherwise the order lapses.
What must you explain to the bound person and the person at risk when serving a PSO?
PURPOSE of the order
EFFECT of the order
DURATION of the order
CONSEQUENCES of contravening the order
What are the consequences of breaching a PSO?
- may use reasonable force to take into custody
- must be brought before the District Court within 24 hours
1 month from the time of breach to locate and apprehend.
If the person taking into custody cannot be brought before the court within 24 hours they must be released and served with a summons to appear. If the person fails to appear, they will be issed with a WTA.
When can you arrest in relation to a PSO?
- failing or refusing to remain at the place of detention for PSO issuing.
- breaches PSO, apply for WTA. Also provides power of entry.
- detain any person who fails to comply with any conditions.
- if you take the person into custody, use as much force as reasonably necessary.
What are the Courts options when dealing with a breach of a PSO?
- Do nothing
- Direct Police to issue another PSO
- Issue a PO
What happens to parenting orders when a PSO is issued?
Parenting Orders are suspended on the issue of a PSO
What is the minimum age of a person you can issue a PSO to?
16 or above.
What considerations do you need to take in when issuing a PSO?
- is or has inflicted violence
- a likelihood of the above
- the welfare of children residing at the address
- hardship that may be caused upon issuing
- previous interactions with Police
- history of mental illness
- presence or history of intoxication
- propensity for violence
- PO and PSO previously in force
Do you seize firearms on the issue of a PSO?
Yes, immediately.
If you have RGTS they have firearms on them or in their possession you can search that person, anything in their possession, enter a place or vehicle to search.
Seize and detain and firearms and firearms licence found.
