FV10 Police Safety Orders Flashcards
What is a PSO?
Is an temporary order issued by Police to protect victims from family harm
What are the 4 options Police have when attending family Harm incidents?
No further action
Warning issued by family violence coordinator
issue PSO
Arrest if any offence
(cant issue PSO if arrest is made)
Definition of a person at risk
A person named in the PSO whose safety is at risk
and
Any children residing with that person
What is sec 124 B?
Domestic Violence Act 1995
124 B Qualified constable may issue PSO when:
(1)(b) has r.g.b issue of order necessary to ensure safety
(2) must consider
(a) has family harm occurred
(b) is there likelihood family harm re-occur
(c) welfare of any children
(d) any hardship that may be caused
(3) Must be authorised by Sgt of above
What is 124 C?
do not need the consent of the victim
what is 124E?
124 E Effect of PSO
(1) (a) must immediately surrender:
(i) any weapon in possession or control
(ii) any firearms licence
(1) (b) vacate any land/building occupied by person at risk
(2) same conditions as PO
What is 124 F
124 F Suspension of firearms licence
(a) any firearms licence is deemed suspended for period of order
What is 124 G
124 G Overrides any parenting order
What is 124H
124 H Prompt service of PSO required
(1) served asap
(2) if not served within 48hrs order lapses
what is 124 I
124 I Detention by constable
(1) may detain for 2 hours to:
(a) get authorisation
(b) issue the order
(c) serve the order
(2) if person detained fails/refuses to remain can arrest
What is 124 J
124 J PSO to be explained
Must expain to bound person and person at risk
(1) the purpose, duration, effect of order
(2) consequences
what is 124 K
124 K Duration of PSO
(1) comes into effect immediately upon being served
(2) 12hrs - 5 days
what is 124 L
124 L Contravention of PSO
(1) if bound person fails to comply with order/conditions
(2) can take into custody (detain) or issue WTA
(4) once in custody must be brought before district Court within 24hrs
What is 124 N
124 N Jurisdiction of District Court
if court satisfied person has refused/failed to comply with order they can:
(1) direct police to issue another PSO
(2) Issue a temporary PO
or can release with no further action