PO's Flashcards
What is a respondent and applicant?
Respondent - The person whom a PO is made against
Applicant - The person the PO protects (they are they applying party)
What are the standard conditions of a PO?
Firearms must be surrendered no later than 24 hours or on demand at anytime by a constable
Firearms license must be revoked
How long before a temporary protection order becomes final if not challenged?
3 months
what is 112 1a and 1b
1a - Do any act in contravention of a PO
1b - fail to comply with any condition of a PO
Where does the power of arrest for breaching a PO come from?
113 FVA2018
How long must an offender who breached the conditions a PO be held in custody for?
24 hours.
What happens if police can not get the offender in court within the 24 hours of arrest?
Release on bail with conditions.
- curfews, areas off limits, drinking
Must be authorised by NCO
What section gives power of arrest for failure to surrender firearms?
At the time of service, police will demand surrender of all firearms and the
firearms licence (section 100).
Respondents who fail to surrender on demand all firearms in their possession,
or their firearms licence, may be arrested for breach of the protection order.
(section 113)
What section do police rely on to search for firearms if respondant has a firearms license?
section 27 and 27A of AA1983 - taking firearms and/or section 18 SASA 2012 to search for them