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CPK - 06/2021 - NHDJ27 > Family Harm - PSOs > Flashcards

Family Harm - PSOs Flashcards

1
Q

What are PSOs?

A

Immediate orders issued by a qualified constable (or constable authorized by a qualified constable) at a family harm episode under S28 of the FV Act 2018.

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2
Q

Who is a qualified constable?

A

A constable who is of or above the position level of Sgt

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3
Q

What are the immediate effects of a PSO?

A

The bound person must:

  • surrender any weapon in their control or any firearms license held to a constable
  • vacate any land or building occupied by a person at risk regardless of whether the bound person has a legal or equitable interest in it.
  • provide a cooling down period where the person at risk has time and space to seek support and assistance, including applying for a temporary protection order if desired and for the bound person to seek support and assistance.
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4
Q

What are the longer effects of a PSO?

A

The bound person must not:

  • engage in behaviour that amounts to any form of family violence against a person at risk
  • make any contact with a person at risk that is not authorized
  • encourage any person to do the above
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5
Q

What contact may be authorized when a PSO is in effect?

A
  • reasonably necessary in an emergency
  • permitted under any special condition of any relevant protection order
  • necessary in order to attend an FGC
  • necessary within the court environment
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6
Q

What order is suspended when a PSO is in place?

A

Parenting order

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7
Q

In what situations can you NOT issue a PSO?

A
  • When a person has been charged with a FV offence

- Cannot issue to a child UNLESS aged 16 or over and the order is justified by special circumstances

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8
Q

Can you serve a PSO with a protection order in place?

A

Yes but it is likely that the behaviour complained of will constitute a breach of the PO. Every effort should be made to obtain sufficient evidence so that an arrest can be made.

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9
Q

What factors should be considered when deciding to issue a PSO?

A
  • total concern for safety
  • any violence inflicted
  • any violence that may be inflicted again
  • welfare of children residing with the PAR
  • the hardship that may be caused if the order is issued
  • previous interactions with Police
  • history of mental illness
  • abuse of alcohol or drugs
  • propensity for violence
  • FH history
  • any relevant orders and/or PSOs previously in force
  • any multi-agency plans in place
  • ## whether the PPR is currently involved with perpetrator support services
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10
Q

What things should be considered regarding hardship?

A
  • who will have the family car
  • who is in charge of the finances eg, holds the EFTPOS cards
  • the financial ability for the bound person to find alternative accommodation and transport
  • whether any child has a disability or illness requiring more intensive care and support
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11
Q

What is the PSO maximum amount of time you can issue to someone and what SHOULD be your minimum consideration?

A

10 days / 24 hours

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12
Q

What would be other considerations to factor in your PSO length of time?

A

Weekends, public holidays, and an individual’s ability to access the courts if necessary

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13
Q

When should PSOs be issued for longer than 5 days?

A

Only in situations where there is a likelihood of SERIOUS harm occurring

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14
Q

List the steps for authorizing, issuing and serving a PSO

A
  1. Complete all enquiries to identify possible offences.
  2. If not a QC, seek authority from one who is.
  3. Document discussion about seeking the authority in your NB or in the FH investigation report.
  4. Fully explain to the PAR/PPR the nature, duration and effect of the order.
  5. Capture the PSO in OnDuty
  6. Ensure the bound person: surrenders all firearms, weapons, firearms license; vacates the land, building, premises
  7. Complete the family harm investigation in OnDuty.
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15
Q

Who should a supervisor seek approval from for issuing a PSO?

A

Comms centre supervisor, the custody sergeant, or DCC shift supervisor

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16
Q

What are the steps to take when someone has breached a PSO? (you have taken them into custody)

A
  • bring them into custody
  • bring them before the court within 24hrs (if this is not possible then summons them to appear)
  • make a complaint to the court requesting that it makes an order under S45 of the FV Act
17
Q

If a person absconds after breaching a PSO, how long do you have to locate and bring them into custody?

A

One month

18
Q

What other options do you have if a person absconds after breaching a PSO?

A

You may seek a warrant

19
Q

What happens after one month if the person that absconded has not been located

A

The matter is brought back before the court and the warrant is withdrawn

20
Q

In NIA when does the WTA alert expire for someone that has absconded after breaching a PSO?

A

10 days

21
Q

How is the summary of complaint filed at court?

A

The constable named on the complaint needs to have it sworn at court

22
Q

What are the powers of the court when someone has refused or failed to comply with a PSO?

A

The court may:

  • continue with the existing order
  • direct another order be issued
  • adjourn proceedings so that a DC judge can consider whether a temporary protection order should be issued
23
Q

If a new PSO is to be issued on direction of the court, who will serve this?

A

In this order:

  1. An officer of the court
  2. A constable of a district within the vicinity of the court
  3. The prosecutor (if they are a constable)
24
Q

What is the protocol if the PAR cannot be contacted to advise them of the court outcome?

A
  • make 3 attempts to call them within one hour
  • send a local unit and complete a 4Q follow up event
  • update the NIA record to reflect the action taken
25
Q

What is the penalty for failing to remain while a safety order is issued?

A

$500 fine

26
Q

Issuing PSOs to children - what is the definition of a child?

A

Under 18

27
Q

What is the minimum age you can issue a PSO to a child?

A

16

28
Q

What are the ‘special circumstances’ that must exist for you to be able to issue a PSO to a child aged 16-17 years?

A
  1. RGTB a PSO is necessary to help make the PAR safe from serious family violence, AND
  2. The ‘total level of concern’ in OnDuty is high, AND
  3. Approval from a Snr Sgt or above has been obtained, AND
  4. The authorizing Snr Sgt has consulted with OT
29
Q

Police will have taken into account the level of harm/potential harm, hardship etc if a child aged 16-17 has been issued with a PSO. What other matters will Police have considered in relation to its issuing?

A

Police will also have taken into consideration -

  • Advice from OT about where the child will live for the duration
  • A placement that may cause more harm than the issuing
  • Previous interactions with Police
  • History of mental illness
  • Alcohol/drug abuse
  • Existing orders eg bail conditions
30
Q

What is the main objective of issuing a PSO to a child aged 16-17 years?

A

It should principally be used as a ‘cooling off’ period

31
Q

How long can you detain a child for service of a PSO?

A

2 hours

32
Q

What options do you have if a child absconds?

A

Same as an adult; take into custody.

33
Q

Does 214 apply if a child breaches a PSO?

A

No because 214 is a provision for arrest. However you can still ‘take them into custody

34
Q

MUST you take them into custody though?

A

No - 43(2) of the Act uses the word, MAY.

35
Q

Although S214 doesn’t apply it is still good practice to consider the protections within it. What part of S214 should be considered if a child has breached the PSO?

A

Arrest to prevent further offending and issuing a summons would not achieve that purpose.

36
Q

If a child is taken into custody for breach of PSO, would S234 (placement) then apply?

A

No because 214 is an arrest provision there it does not authorize the use of 234.

CPK - 06/2021 - NHDJ27 (16 decks)

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