F11 Police safety orders Flashcards
What is a Police Safety Order (PSO)?
An immediate order issued by a Qualified Constable
Most often used when you know there has been an offence and you have insufficient evidence to make an arrest
OR
You believe that if a PSO is NOT issued family harm will continue after you leave.
Who can issue a PSO?
A qualified Constable (A Sergeant or a Constable who has been specifically appointed under Section 62 of the Policing Act 2008)
Consent is not required from the PAR to issue a PSO. (IMPORTANT)
Identify correct section;
Consent of PAR
Section 30 = Police safety order: issue without consent
Section 31- Police safety order: limit on issuing against child.
Who cannot have a PSO issued against them?
A child under the age of 16 years old.
If you are planning on issuing a PSO you can detain a person for up to 2 HOURS. This allows you to obtain authorisation to issue and serve the order.
Identify correct section;
Section 32(1) = Power to Detain
A Parenting Order is suspended when a PSO is issued.
Identify correct section;
Section 41(2) – Suspension of Parenting Order
You can issue a PSO for up to 10 days. Starting point 24 hours then factor in a range of considerations i.e weekends, public holidays, ability of PAR to get help etc
Identify section this applies to;
Section 35 - Duration of PSO
PSO must be served within 48 hours. (usually applies when you want to serve a PSO but the bound person is not there)
Identify correct section;
Order must be served promptly
Section 34 – Police safety order: lapse if not served promptly on bound person
What are the effects of a PSO?
Weapons
- Must surrender weapons/firearms licence
Violence
- CANNOT Physical, sexual, psychological etc
- CANNOT Threaten a person
Contact
- Must not contact the applicant
- Cannot loiter where a applicant is likely to be i.e. workplace, gym etc
- Cannot follow the applicant
When bringing a bound person to court, the court can do one of the following;
- Direct the police to issue another PSO not exceeding 10 days
- Adjourn the proceedings to see whether a Temporary Protection Order can be issued
Failing or refusing to remain after being detained: Arrest for failing to remain is found in which section?
Section 32(2)
THIS IS THE ONLY POWER OF ARREST YOU HAVE IN RELATION TO A PSO
Any person breaching a PSO MUST be bought before the courts within how many hours?
24 hours
*If this is not possible summons them to a new court date
If the person who has been served with a summons fails to appear. The District Court may issue a warrant to arrest that person to bring them before the Court.
How long do you have to locate someone who breaches a PSO and they cannot be located?
You have 1 month to locate them
What does Section 43 relate to?
Contravention/Breaching a condition of a PSO
What is the correct statement when taking someone into custody?
“I am taking you into custody for breaching the Police Safety Order” (They are not arrested or detained but BOR still apply)
What is the process for serving PSO on a person?
- 5F PSO to be issued
- obtain permission from Sgt
- serve the order on the bound person
- explain the purpose, effect, duration and consequences of breaching the order
*you have 2 hours to serve this notice
What is the process for serving PSO on bound person NOT present?
- 5F PSO to be issued
- obtain authorisation from Sgt
- 48 hours to locate bound person to serve order
Breaches of PSO process;
PSO in effect - Bound person breaches PSO - Bound person taken into custody
PSO in effect - Bound person not located at address- Have 1 month to find bound person
Identify the four options available to you when investigating a Family Harm Incident;
1 No further action
2 Issue a warning
3 Issue a Police Safety Order
4 Arrest the offender
When dealing with Family Harm matters and Police Safety Orders, you have powers under which Act and Section?
Section 18, Search and Surveillance Act 2012
When serving the order what must you explain to the bound person against whom the order is issued and the person at risk?
Section 33(1)&(2)
- purpose of the order.
- effect of the order.
- duration of the order.
- consequences of contravening the order.
When can you make an arrest when dealing with PSO’s?
- Any person against whom a PSO is going to be issued, fails or refuses to remain at a place where they are detained (section 32(2)).
- Where a bound person breaches (fails or refuses to comply with any condition) a PSO you may apply to the court for a warrant to arrest (WTA). This provides a power of entry.
