FH11: Police Saftey Orders Flashcards
What is the purpose of a PSO
To help enact a separation between two people as a “Cooling off period”.
It is temporary on not as serious as a full protection order. Can last a maximum of 10 Days.
What are the standard conditions of a PSO?
Conditions are similar if not identical to those set out by a protection order EXCEPT the ability to reside together in the same address for the duration of the PSO
What is the maximum time a PSO can be issues for?
10 Days Max
Define the term qualified constable.
Any sworn constable ranked Sergeant or higher
What is my power to detain somebody in relation to PSO’s and the restriction of that power
I can detain somebody for maximum 2 hours to establish need and admin of a PSO.
There’s is no direct offence for somebody refusing to follow orders if a PSO. (Maybe?…)
Is consent needed to issue a PSO?!
No. This takes responsibility of a PSO away from the victim. This means the victim avoids the blame for a PSO being ordered
How long do I have to serve a PSO which has been issued before it lapses?
48 Hours
What information do I need to provide the bound person and the person at risk when I serve a PSO?
- Purpose of the order
- Effect of the order
- Duration of the order
- Consequences of contravening the order
What action do I take on breach of a PSO?
There is no offence. I can’t arrest on breach but I can with RGTB a person has failed to comply, take that person into custody with any force reasonably necessary. I detain them
This person should be brought before district court within 24 Hours
What is the summoning process if someone remains in custody for 24Hours after breaching PSO
They are released and served with a Summons to appear in before the district court.
If they do no show, a warrant for their arrest may be issued
What are the courts options when dealing with a breach of PSO?!
- Direct the police to order another PSO or extend the old one
- Protection order created
- Do nothing
What are the situation you can arrest someone relating to the issue of PSO’s
- For resisting detainment during PSO investigation
- The court gives me a Warrant for arrest due to failure to comply with PSO order
If you can’t track down an offender for Breaching a PSO, how long do you have to be able to detain them
1 month from time of breach ti locate person
Explain Section 33 of the Family Violence Act
I need to inform both the Victim of the:
- Purpose
- Effect
- Duration
- Consequence