Chapter 2.1 - Police Safety Orders Flashcards
Section 124a domestic violence act
Interpretation
Constable - same meaning as policing act section 4
Police safety order - means on the spot order issued by a qualified constable under section 124b
Qualified constable - means a constable who is of or above the level of position of sergeant
Section 124b domestic violence act
Qualified constable may issue police safety order
A qualified constable may issue a police safety order against a person who is in a domestic relationship with another person if the constable
Does not arrest the person
Believes that it is necessary to ensure the safety of the person at risk
Section 124c domestic violence act
Consent to issue of police safety order not required
Consent is not required by person at risk to issue police safety order
Section 124d domestic violence act
Police safety order not to be issued against a child
Section 124e domestic violence act
Effect of police safety order
Must Surrender any weapon
Vacate land or premises
As well as standard protection order conditions
Section 124f domestic violence act
Suspension of firearms licence on issue of police safety order
Section 124g domestic violence act
Suspension of parenting orders etc
Section 124h domestic violence act
Prompt service of police safety order required
Order must be served as soon as possible
If not served within 48 hours order lapses
Section 124I domestic violence act
Detention by constable
A constable proposing to issue police safety order may
Obtain authorisation
Serve and issue the order
If person who is detained fails or refuses to remain at the place they have committed an offence and can be arrested without warrant
Section 124j domestic violence act
Police safety order to be explained
Must explain to the person
The purpose duration and effect of the order
The consequences if order is breached
Section 124K domestic violence act
Duration of police safety order
Order comes into force immediately on being served
Period of the order must not exceed 5 days
Section 124L domestic violence act
Contravention of police safety order
If any person fails to comply with the order or any conditions
Constable may take the person into custody
Person in custody must be taken into court within 24 hours
Section 124m domestic violence act
Issue of summons where person cannot be brought before district court within 24 hours
If you cannot get person to court within 24 hours you must
Release the person
Issue a summons for them to appear in court
