Police safety orders

Question 1

PSO is

Answer 1

an order issued by a constable using the prescribed form.

Question 2

Why can issue a PSO?

Answer 2

Any constable if authorized by qualified constable, i.e. sergeant or above.

Question 3

What the Crime Reporting Line (CRL) is doing?

Answer 3

Helping front line to record th PSOs in NIA.

Question 4

If the arrest is for a family violence offence…

Answer 4

you cannot issue a PSO, but you can ask for the similar bail conditions.

Question 5

Consent of the victim…

Answer 5

is not required to issue a PSO against the offender.

Section 124C, The Domestic Violence Act 1995

Question 6

When deciding whether you need to issue a PSO, you need to consider….

Answer 6

When deciding whether you need to issue a PSO, you need to consider:
- how likely is the violence,
- was violence used before
- the welfare of children
- the hardship it may cause
- previous history of the dealing with the police, mental issues, alcohol/drug use, intoxication, PSOs
(The Domestic Violence Act 1995, Section 124B)

Question 7

PSO includes…

Answer 7

The victim and the child residing with them. (The Domestic Violence Act 1995, Section 124E(3))

Question 8

Who cannot have a PSO issued against them?

Answer 8

A child under 17 y.o., unless he/she has been married or in civil union/relationship. (The Domestic Violence Act 1995, Section 124D)

Question 9

Power to detain

Answer 9

You can detain for no more than 2 hours to:
- seek the authorization to issue the order
- issue the order
- serve the order
Caution rights to be told.
(The Domestic Violence Act 1995, Section 124I(1)

Question 10

Failing/refusing to remain detained

Answer 10

500$ fine or arrest. (The Domestic Violence Act 1995, Section 124I(2)(b))

Question 11

A person against whom the order is issued must immediately…

Answer 11

1) surrender to a constable:
- any weapon
- any firearms licence held (the licence is deemed to be suspended - section 124F)

2)vacate any land occupied by victim

3) DO NOT physically/sexually abuse/threated, damage any property of the victim. Intimidate. Watch or be near the victim.
(The Domestic Violence Act 1995, Section 124E)

Question 12

If PSO is in place…

Answer 12

any parenting order relating to a child protected by this PSO are suspended. (The Domestic Violence Act 1995, Section 124G)

Question 13

Duration of PSO

Answer 13

from 24 hours to 5 days from the moment it served. (The Domestic Violence Act 1995, Section 124K)

Question 14

Order must be served promptly

Answer 14

To be served as soon as practicable. If not served within 48 hours - the order lapses.
(The Domestic Violence Act 1995, Section 124H)

Question 15

PSO to be explained

Answer 15

• purpose of the PSO
• effects of the PSO
• duration of the PSO
• consequences if not following
  (The Domestic Violence Act 1995, Section 124J)

Question 16

Contraversion of PSO

Answer 16

a constable can use a reasonable force to take the person into custody. (The Domestic Violence Act 1995, Section 124L)

Question 17

If you cannot take the person into custody

Answer 17

you have to release him/her and serve with a summons. (The Domestic Violence Act 1995, Section 124M)

Question 18

If the PSO has been breached

Answer 18

Complaint file for the District Court is to be prepared:

• police copy of the PSO
• Summary of Complaint
• complaint
• Pol 1310 Family Violence Form
• family violence from NIA
• officer notebook
• covering 258
• statement from the witness if available

Question 19

If the PSO has been breached, the court has the following ways to address it

Answer 19

• release the offender with no future actions
• direct the Police to issue another PSO
• issue a temporary protection order