FH11 Police Safety Orders Flashcards
What is a Police Safety Order? and when is to be used?
A last resort tool that can be used for when there is not enough evidence to arrest for an offence involving a domestic relationship, but you know an offence has occurred and there is risk of family harm to occur again once Police leave, if all parties remain.
How long can a PSO protect a person at risk?
up to 10 days.
Who issues PSO’s?
The Police only, not the courts.
Can you issue a PSO if the victim objects?
Yes, if you believe its in their best interest of safety and welfare
If you have enough evidence to arrest should a PSO be issued?
No, arrest the offender for the offence, and anything that would be on a PSO would be added to the offenders bail conditions.
Who has to authorize a PSO
A sergeant or above?
What six things must be considered when determining whether to issue a PSO?
Whether in the circumstances it likely that;
Person A has used, or is using domestic violence against person B.
Person A has used, or is using, domestic violence against any other person they have had a domestic relation ship with.
Whether there is a likelihood that person A will use, or again use, domestic violence against person B.
The welfare of any children residing with person B.
The hardship that may be caused if the order is issued.
Any other matter the constable considers relevant.
How would you discuss a PSO with a victim?
Protects you up to 10 days - give opportunity to get protection order or move out.
Its the Police that issues it, not the victim, Police will make that clear to the subject.
If the subject breaches then they will be taken into custody.
What are the four things to consider when issuing a PSO?
PEDC
Purpose
Effect
Duration
Consequence
What is the subject of a PSO called?
A bound person
What powers do you have if the bound person takes off or does not want to remain for the PSO serving?
Power of detention for up to 2 hours to obtain authority/issue/serve.
Use of force
Caution rights - you have been detained for.
Section 85 SOSA search after RAN
Resists or fails to remain then arrest.
What happens if the bound person leaves and cannot be located?
issue the order and pass on a file for other shifts.
How long do you have to locate and serve the bound person the PSO before it lapses?
48 hours.
How is the PSO served?
Obtain authorisation from an NCO (Sergeant) or above
Serve on bound person explaining PEDC - purpose, effect, Duration, Consequences
Advise to read order, seek legal advice if unsure
Advise comms, enter into NIA
Explain the PSO to the victim
Scan/attach PSO to NIA
What are the conditions of a PSO? and do they differ much from a PO?
Almost identical to a PO except,
Firearms and firearms licence must be immediately surrendered.
Living together contact provision does not apply to a PSO. even if the bound person and the at risk person live together, the bound person must not make contact.
Is breaching a PSO an offence?
No
What action is required if someone breaches a PSO?
Arrest and take them into custody - caution rights, RAN, Sec 85
Appear before court and courts decide if new PSO is issued, protection order issued or no action.
Does a PSO breach appear on a conviction history like a PO breach?
No
When must a bound person who has breached the PSO appear before court?
within 24 hours
What happens if the court is not open within 24 hours of being arrested?
They get held in custody for 24 hours and then summonsed to appear at court another time when its open.
Harper and Croos are involved in a 5F. They are separated but they have a child Kellie together. Croos is identified as the aggressor and you decide to issue a PSO. Croos starts complaining because he has a parenting order which states that on this day he looks after Kellie. By taking Kellie from Croos he states you are breaking the parenting agreement. Is this correct?
No. While a PSO is in place a parenting order is suspended
For the purposes of enforcing the Family Violence Act 2018, a child is defined as…
Under 18 years of age
Peter and his wife Rebecca live with their two children
altogether in a house jointly owned by Peter and Rebecca. On Monday you attend a 5F between Peter and Rebecca and determine that a 5 day Police Safety Order
(PSO) is to be served on Rebecca. On Tuesday you are dispatched to another 5F between the couple at their home address. Rebecca stated that she has the right
to return home because she owns half the house and her children wanted her to come home. What action can you take?
Take Rebecca into custody and put her before the District Court within 24 hours
You are called to an address regarding a domestic between 2 males, Dan and Slade. They are in a same sex relationship. Dan is very aggressive and is still yelling and swearing on your arrival, he is loud, obnoxious and intoxicated. Slade is in tears and visibly shaken. No violence or property damage has occurred, the house is tidy. It appears to be a verbal argument only at this stage. You talk to Slade about a PSO (Police Safety Order), fully explaining how it works and he states he doesn’t want one. What are the next steps?
Advise Supervisor (Sergeant and above) and obtain permission to issue the PSO, Complete PSO and hand to Dan, ensuring that he understands it was a Police decision. Explain consequences of a breach and explain to Slade the same.
