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355 > PFH11 : Police Safety Orders > Flashcards

PFH11 : Police Safety Orders Flashcards

1
Q

Who can issue a police safety order?

A

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

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2
Q

What is the meaning of a qualified constable?

A

Any constable that is of or above the rank of sergeant

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3
Q

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

A

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

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4
Q

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

A

They enter information from the PSO into NIA.

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5
Q

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

A
  • establish if a family relationship exists
  • whether an offence has been committed
  • assess and manage risk
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6
Q

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.

A

SAFVR

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7
Q

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

A

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

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8
Q

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

A

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.

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8
Q

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

A

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.

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9
Q

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

A
  • The person named in the order (for whose safety the order is issued)
  • any child residing with that person
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10
Q

What does section 31 cover?

A

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

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11
Q

What does section 32(2) cover?

A

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

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12
Q

Where can the police detain a person?

A

At the address or the police station

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13
Q

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

A

they must be advised of their caution/rights

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14
Q

What is the reason for detaining the person?

A

Allow the issuing constable sufficient time to:

  • obtain authorisation to issue the order from a qualified contable
  • issue the order
  • serve the order
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15
Q

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

A 
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)
16
Q

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

A
  • any weapons in his/her possession or control (section 8 definition)
  • any firearms licence held (licence is deemed to be suspended - s40(a))
17
Q

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

A

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

18
Q

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

A

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

19
Q

When does the PSO come into force?

A

immediately on being served on the bound person

20
Q

How long does the PSO come into force for?

A

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

21
Q

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?

A

no

22
Q

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

A

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
23
Q

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?

A

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

24
Q

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

A

24 hours

25
Q

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

A

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

26
Q

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

A

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
27
Q

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

A

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

28
Q

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

A

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
29
Q

what court has jurisdiction over PSO breaches?

A

the district court

30
Q

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

A
  • 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
31
Q

what must prosecutors do after court proceedings

A

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

32
Q

What is the idea of PSO?

A

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

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