Family Harm 🍳 Flashcards
When serving a PSO what must be explained to the bound person?
- Explain the purpose of the order
- Explain the effect of the order
- Explain how long the order is for
- Explain the consequences of breaching the order
In what timeframe must a PSO be served & what happens to the PSO if it isn’t served in time?
A PSO must be served within 48 hours. If it is not served within 48 hours the PSO lapses and another must be created
What is the maximum length of a PSO?
10 days
What considerations do the court have to make before refusing to grant a protection order?
- The applicants perception of the nature & seriousness of the behaviour
- The effect of that behaviour on the applicant & their family
- If the applicants behaviour seems trivial or minor
If an applicant for a protection order is a child or young person they can only apply if…
- They are 16 years or older
- They have an approved representative
- It has been authorised by the court
(Not including C/YP) Who can apply for a protection order?
- A person who is or has been in a family relationship
- A representative of a person who lacks the capacity to apply themselves
- A representative or approved organisation on behalf of an applicant
What are the 4 ways to get a protection order?
- With notice (both parties go to court)
- Without notice (respondent not present)
- Upon sentencing (temporary / final)
- After a PSO breach
In relation to a PSO who is considered the “bound person”?
The person who the PSO is issued against
What is the purpose of Section 23 (Bail Act 2000)
The person arrested for breaching a protection order must be held for 24 hours before being released on bail (“cooling period”)
How long is a protection order considered temporary before if becomes final?
3 months
What are the standard protection order conditions the courts can impose?
- No acts of violence
- No contact
- No weapons
Which courts can issue a protection order?
Family court & district court
Do police need the consent of the person at risk to issue a PSO? Why is this a good thing for the person at risk?
No. This is to avoid involving the person at risk & remove any blame
What must a constable do when detaining a person to issue a PSO?
- Give caution rights
- Not hold them any longer than 2 hours
- Obtain authorisation to allow the issuing of a PSO
- Issue the PSO
- Serve the PSO
Who can issue a PSO & who authorises it?
Any constable can issue a PSO. It must be authorised by a rank sergeant or higher
