2. Family Harm - PSO Flashcards
What principles guide Police family harm?
- early intervention
- culturally appropriate
- safety
- collecting risk information
- accountability
- working collaboratively
Where there is a breach of protection order, and evidential sufficiency to prove a charge, what must you do?
- charge offender with breach
- not release the offender on Police bail for 24hrs unless court hearing earlier where court bail determined
Primary consideration is the need to protect the victim.
Who can authorise Police bail for family harm?
authority of or above sergeant
Who can issue PSO’s?
a qualified constable of or above sergeant
What are the immediate effects of a PSO?
bound person to:
- surrender any weapon or firearms licence
- vacate any land or building occupied by PAR
- provide a cooling down period
- not engage in behaviour that amounts to violence to PAR
- make any unauthorised contact with PAR
- encourage any person to be violent or contact PAR
What constitutes authorised communication in a PSO?
- reasonably necessary in an emergency
- permitted under any special condition of any relevant PO
- necessary in order to attend an FGC
- necessary to attend a proceeding
What factors should be considered for issuing a PSO?
- whether it is likely that the person posing risk
- has inflicted, or is inflicting, family violence against PAR and/or any other person
- -will inflict, or again inflict, family violence against PAR
- the welfare of children residing with PAR
- hardship caused if the order is issued
What are the powers pending authorisation for a PSO?
- detain person for up to 2 hrs to obtain necessary authorisation and to issue and serve PSO
- remove person from premises and to Police station or place used as station e.g. patrol vehicle
What must be done if unable to issue PSO within required timeframe?
Must release detained person. Have a period of 48hrs to issue and serve PSO on that person.
What actions are taken for a PSO breach?
- bring to court within 24hrs
- make complaint to court requesting it makes an order under s45
- if person can’t be brought before court within 24hrs, must release and summons person
What do you do if bound person absconds after breach?
- capture breach in OnDuty
- advise CRL
- one month from time of breach to locate bound person and bring into custody
What can the court do for a breach of PSO?
- continue with existing PSO for the same duration
- if PSO has not expired, direct another PSO be issued
- if PSO expired, direct another PSO be issued
- adjourn proceedings for whether a temporary PO should be issued
When can a PSO be issued to a child aged 16 or 17?
- RGTB required to keep PAR safe from family violence
- total level of concern in OnDuty is High
- approval from Senior Sergeant or above
- authorising Senior Sergeant has consulted with OT
