PO/PSO Flashcards

1
Q

What is a “Respondent” in regards to Protection Orders?

A

The subject of an order - offender

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2
Q

What is an “Applicant” in regards to Protection Orders?

A

Applicant of protection order - victim

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3
Q

What are the standard condition against of a protection order?

A

Violence
Contact
Weapons

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4
Q

It is a condition of every protection order that a respondent must not

A

Possess/control any weapons and firearms license. Must surrender at the time of service or in 24 hours

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5
Q

What may happen if a respondent fails to surrender their firearms and firearms license?

A

May be arrest for breaching their PSO

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6
Q

When does temporary protection order become final?

A

3 months

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7
Q

What are the special bail requirements following a respondents arrests?

A

A 24 hour cooling off period. Court may bail within 24 hours before appearing at court

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8
Q

What is the power to search and seize firearms when a protection order is in existence?

A

Section 18 of the Search and Surveillance Act 2012

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9
Q

What are the standard conditions of a PSO?

A

Vacate land/building
Surrender weapons
Suspension of firearms license

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10
Q

What is the maximum duration of a PSO?

A

No longer than 10 days

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11
Q

What is a qualified constable?

A

Sergeant and above

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12
Q

What can you do when proposing to issue a PSO against a person and how long for?

A

May detain a person not exceeding 2 hours but only to detain at address found and hold until order is served

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13
Q

Does police need consent to serve a PSO and why?

A

No, to avoid person at risk being blamed

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14
Q

When must the PSO be served and why?

A

Must be served as soon as practicable as the order lapses after 48 hours

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15
Q

What must be explained to the bound person and person at risk for a PSO?

A

Purpose of order
Effect of order
Duration of order
Consequences of contravening order

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16
Q

What happens if the bound person breaches their PSO?

A

Must be brought before the district court within 24 hours

17
Q

What happens when a bound person breaches their PSO and absconds?

A

Advise comms and you have one month from time of breach to locate them to bring into custody

18
Q

What happens if a bound person cannot be brought into the district court in the 24 hour period?

A

The must be released and served with a summons to appear before court.

19
Q

What happens if a Bound person fails to appear in District Court after receiving Summons to appear?

A

District court may issue a warrant to arrest or bring to court

20
Q

When can you arrest a bound person in regards to PSOs?

A
  • When the person being issued an order fails to remain at place detained
  • Breaches PSO/fails to comply with conditions
  • Taking a person into custody for breaching PSO
21
Q

Identify the Courts options when dealing with a breach of PSO?

A

No further action
Issue a new PSO
Issue a PO