PFH11 : Police Safety Orders

Question 1

Who can issue a police safety order?

Answer 1

Any constable may issue a PSO if authorised by a qualified constable

Question 2

What is the meaning of a qualified constable?

Answer 2

Any constable that is of or above the rank of sergeant

Question 3

What is the name of the person whom a constable issues a police safety order against?

Answer 3

A bound person. The person is bound by the conditions of the PSO

Question 4

What is the role of CRL (crime reporting line) in regards to PSO’s?

Answer 4

They enter information from the PSO into NIA.

Question 5

What are the three things to consider when carrying out an family harm investigation?

Answer 5

• establish if a family relationship exists
• whether an offence has been committed
• assess and manage risk

Question 6

What is the name of the dynamic risk assessments used when there is not sufficient evidence for arrest during a family harm incident but you believe it is necessary to take action to ensure the safety of the person at risk.

Answer 6

SAFVR

Question 7

What does section 29(1) of the Family Violence Act 2018 cover?

Answer 7

What must be taken into account at a family harm incident prior to issuing a PSO. circumstances such as violence inflicted,, reoccurrence of violence and welfare of children

Question 8

What does section 30 of the family violence act 2018 cover?

Answer 8

That police do not need consent of the person at risk to issue a PSO. Therefore we are able to avoid the at risk person from being blamed.

Question 8

What does section 30 of the family violence act 2018 cover?

Answer 8

That police do not need consent of the person at risk to issue a PSO. Therefore we are able to avoid the at risk person from being blamed.

Question 9

Who is a person at risk defined as in regards to a PSO?

Answer 9

• The person named in the order (for whose safety the order is issued)
• any child residing with that person

Question 10

What does section 31 cover?

Answer 10

A PSO must not be issued against a child, unless satisfied that the child is 16 years or over and the order is justified by special circumstances

Question 11

What does section 32(2) cover?

Answer 11

A constable ‘proposing’ to issue a PSO against any person may detain that person for a period not exceeding 2 hours

Question 12

Where can the police detain a person?

Answer 12

At the address or the police station

Question 13

If detaining a person under this enactment, what must you then do?

Answer 13

they must be advised of their caution/rights

Question 14

What is the reason for detaining the person?

Answer 14

Allow the issuing constable sufficient time to:

• obtain authorisation to issue the order from a qualified contable
• issue the order
• serve the order

Question 15

What section covers a person failing to remain at the place where they have been detained, and what is the penalty?

Answer 15

S 32(2), the penalty for this offence is $500
the power of arrest without warrant for failing or refusing to remain under s32(2)(b)

Question 16

What must a person whom an order is issued against surrender immediately to a constable?

Answer 16

• any weapons in his/her possession or control (section 8 definition)
• any firearms licence held (licence is deemed to be suspended - s40(a))

Question 17

what must the person who is issued a PSO against (bound person) vacate?

Answer 17

any land occupied by the person at risk, whether or not the person at risk has an legal interest in the land or building

Question 18

what does section 41(2) of the Family Violence Act 2018 cover?

Answer 18

while a PSO is in effect, any parenting order or day to day care or contact agreement relating to any child protected by that PSO, is suspended

Question 19

When does the PSO come into force?

Answer 19

immediately on being served on the bound person

Question 20

How long does the PSO come into force for?

Answer 20

For the period specified in the order, but no longer than 10 days

Question 21

Is there an offence for a person against whom an order is issued, to fail or refuse to comply with the order or any condition of the order under section 43?

Answer 21

no

Question 22

What does the section 33(1) and (2) PSO to be explained cover?

Answer 22

when serving the order you must explain to the bound person against whom the order is issued and the person at risk the:

• purpose of the order
• effect of the order
• duration of the order
• consequences of contravening the order

Question 23

What may a constable who believes on reasonable grounds that the person has refused or failed to comply with the PSO or a condition of the PSO?

Answer 23

Take that person into custody by using force as reasonably necessary or executing a warrant issued when that person failed to attend a proceeding

Question 24

In what time period must the person be brought before the district court?

Answer 24

24 hours

Question 25

How long do you have to find a person who has breached the police safety order?

Answer 25

one month from the time of the breach to locate the person

Question 26

What is the power of the constable under section 43 of this act?

Answer 26

If a person has been served with an order but fails to comply with the order or a condition of the order, and a constable has RGTB the person has failed to comply with the order or a condition of the order, they may take that person into custody by: - using force as is reasonably necessary - executing a warrant for arrest

Question 27

What happens when a person is taken into police custody but can't be brought before the courts within 24 hours?

Answer 27

they must be released and served with a summons to appear before the district court if the person who has been summoned fails to appear, the district court may issue a warrant to arrest that person to bring them before the court

Question 28

What are the situations where you can arrest when dealing with a PSO?

Answer 28

You can arrest in the Following situations: - a person whom a PSO is going to be issued fails/refuses to remain at a place they are detained - where a bound person breaches (fails to comply with PSO condition) you may apply to the court for a warrant to arrest. this provides a power of entry - detain a person against whom a PSO is issued who fails to comply with any condition, a constable may 'take the person into custody' - if you take a person into custody for breaching a PSO, you may use force as is reasonably necessary

Question 29

what court has jurisdiction over PSO breaches?

Answer 29

the district court

Question 30

What can the court do when dealing with a person who has breached the PSO?

Answer 30

- if PSO not expired, extend it, not exceeding 10 days. the bound person can now be detained for no more that 2 hours to allow the serving of the PSO - adjourne so a district court judge can consider whether or not to issue a temporary protection order

Question 31

what must prosecutors do after court proceedings

Answer 31

advise the person at risk of the court decision and any subsequent action

Question 32

What is the idea of PSO?

Answer 32

When you attend a FH incident where you know there has been an offence but their is insufficient evidence to arrest.