PO/PSO Flashcards
What is a “Respondent” in regards to Protection Orders?
The subject of an order - offender
What is an “Applicant” in regards to Protection Orders?
Applicant of protection order - victim
What are the standard condition against of a protection order?
Violence
Contact
Weapons
It is a condition of every protection order that a respondent must not
Possess/control any weapons and firearms license. Must surrender at the time of service or in 24 hours
What may happen if a respondent fails to surrender their firearms and firearms license?
May be arrest for breaching their PSO
When does temporary protection order become final?
3 months
What are the special bail requirements following a respondents arrests?
A 24 hour cooling off period. Court may bail within 24 hours before appearing at court
What is the power to search and seize firearms when a protection order is in existence?
Section 18 of the Search and Surveillance Act 2012
What are the standard conditions of a PSO?
Vacate land/building
Surrender weapons
Suspension of firearms license
What is the maximum duration of a PSO?
No longer than 10 days
What is a qualified constable?
Sergeant and above
What can you do when proposing to issue a PSO against a person and how long for?
May detain a person not exceeding 2 hours but only to detain at address found and hold until order is served
Does police need consent to serve a PSO and why?
No, to avoid person at risk being blamed
When must the PSO be served and why?
Must be served as soon as practicable as the order lapses after 48 hours
What must be explained to the bound person and person at risk for a PSO?
Purpose of order
Effect of order
Duration of order
Consequences of contravening order
What happens if the bound person breaches their PSO?
Must be brought before the district court within 24 hours
What happens when a bound person breaches their PSO and absconds?
Advise comms and you have one month from time of breach to locate them to bring into custody
What happens if a bound person cannot be brought into the district court in the 24 hour period?
The must be released and served with a summons to appear before court.
What happens if a Bound person fails to appear in District Court after receiving Summons to appear?
District court may issue a warrant to arrest or bring to court
When can you arrest a bound person in regards to PSOs?
- 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
Identify the Courts options when dealing with a breach of PSO?
No further action
Issue a new PSO
Issue a PO
