FH11: Police Safety Orders Flashcards
Purpose of issuing a PSO
Where you know there has been an offence, but there is insufficient evidence to arrest. Both parties are refusing to leave the address for a cooling off period and you believe that Family Harm may restart after Police Leave.
Who can issue a PSO and the definition of “Qualified Constable”
Any constable may issue a PSO if authorised by a qualified constable. A qualified constable means a constable who is of or above the rank of sergeant.
Who is a bound person?
The person whom the order is issued against becomes a bound person. They are bound by the conditions outlined in the PSO.
Standard conditions of a PSO
A bound person against whom an order is issued must immediately surrender to a constable:
- Any weapon
- any firearms licence held (the licence is deemed to be suspended
Bound person MUST IMMEDIATELY vacate any land occupied by the person at risk. (even if it’s their own home)
More conditions of a PSO
The bound person must not:
- physically or sexually abuse a person at risk (section9)
- threaten to physically or sexually abuse a person at risk (s11)
- damage or threaten to damage property of a person at risk. (s11)
- engage or threaten to engage in other behaviour including intimidation or harassment that amounts to psychological abuse of a person at risk. (s11)
- encourage others to engage in behaviour against, or to make contact with a person at risk, if the behaviour or contact, if engaged in or made by the bound person, would be prohibited by the order. (s38)
- watch, loiter near or prevent or hinder access to or from, the person’s place of residence, business, employment or educational institution or any other place that the person at risk visits often. (s11)(1)(b)(i)
- follow about or stop or accost a person at risk in any place.(s11)(1)(b)(ii)
Duration of PSO
Comes into force immediately on being served on the bound person. The PSO continues in force for a period specified in the order but NO LONGER THEN 10 DAYS
POWER TO DETAIN - Section 32(1)
Section 32(1)
Restrictions on POWER TO DETAIN, SECTION 32(1)
- Must be advised of their caution rights.
- May detain for a period NOT EXCEEDING 2 HOURS.
- Can be detained at the address where the Police have found them or them to a Police station and hold them until the order has been served or the 2 hours expires.
The purpose of s32(1)
Is to allow the issuing officer sufficient time to:
- obtain authorisation to issue the order from a qualified constable
- issue the order
- serve the order
Duration of time you have to serve a PSO
Order must be served within 48hours otherwise it lapses.
Consent (S30)
Police do not need the consent of the person at risk to issue a PSO. By not requiring their consent we are able to avoid the person at risk being blamed for police action.
What information must be provided to the bound person AND the person-at-risk when you serve a PSO (Section 33(1)&2
- Purpose of order
- Effect of the order
- Duration of the order
- Consequences of contravening the order
Breach of PSO (section 43)
A constable who has RGTB that the person who has breached the conditions or have failed to comply with the PSO, may take that person into custody by using such force as reasonably necessary or executing a warrant issued when that person has failed to attend a proceeding.
Person must be brought before the District Court within 24 hours.
Where the bound person has absconded after breaching the PSO, you must advise Comms. You have one month from the time of the breach to locate the person and bring them into custody
Arresting in relation to 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 (s32(2))
- bound person breaches (fails or refuses to comply with PSO conditions) you may apply to the court for a warrant to arrest.
Issue of summons where person cannot be brought before the District Court within 24 hours (Section 44)
If the person who has been taken into custody can’t be brought before the District Court within 24 hours, they must be released and served with a summons to appear before the District Court.
