Police Safety Orders Flashcards
When to issue a PSO
When you have RGTB it is necessary to ensure the safety of the person at risk and have bot arrested person for an offence involving violence on the person at risk bit believe when police leave an offence may occur
How long can PSO be issued for
Comes into force immediately on being served, continues for a period specified in the order but no longer than 10 days.
When should the PSO be served
As soon as practical. Of not serviced with 48 hours the order will lapse.
Who gives consent for a PSO
Police do not need the consent of the person at risk to issue a PSO, but doing this we re ble to avoid the person being at risk of being blamed for a police action.
What is a qualified constable
A constable who is of or above the rank of sergeant, PSO must be authorized by them but can be issued by any constable.
If you arrest someone for a F5 offence can you issue a PSO
No you cannot
However if arrest for a different offence can then issue a PSO if you have RGTB the person at risk safety is at risk .
What is the exception if you arrest someone for a F5 when can you issue a PSO
When there is not enough evidential sufficiency to charge can issue a PSO
Can you arrest for a breach of PSO
No there is no offence however if you believe of reasonable grounds that the person who has refused or failed to comply with the PSO or conditions of the PSO may take that person into custody by using such force necessary. The person must be brought before the district court judge within 24 hours.
What power do police have to detain
Under section 32(1) Family Violence Act 2018
A constable proposing to issue a PSO against any person may detain that person for a period not exceeding 2 HOURS
Because the person is not detained under an enactment they must be advised of their rights.
Detain for the purpose of
Obtaining authorization to issue order from qualified constable
Issue the order
Serve the order
A constable may use force as necessary
Search under section 85(S&S act 2012)
If suspect resists/fails to remain at location can K9 ( section 32(2)(b)) FVA 2018
Who else can the PSO apply to not just the person at risk
Can apply to protecting the child
A PSO can not be issued to any child under 16 years. 16 years an over if justified by special circumstances.
What are the condition relating to fire arms under a PSO
A blind person ginst whom the order is issued must immediately surrender to a constable
Any weapons (section8) in his/her possession or control Any firearms licences held.
What are the condition relating to occupancy
The bond person must immediately vacte any land occupied by the person at risk, whether or not the person at risk has a legal interest in the end or building.
When serving the order what must you explain to the found person as well as the victim
P purpose of the order
E effect of the order
D duration of the order
C consequence of contravening the order.
What happen isn’t the summonsing process
If a person who has been taken into custody and cant be brought before the DistricT court within 24 hours, they must be released and served with a summons to appear before the district court at a later date.
If fail to appear at court my issue a WTa to bring them before the court.
Wht are the courts options when dealing with a breach of PSO
1 if the PSO has or has not expired, direct police to issue another PSO not to exceed 10 days to be served on the bond person ASAP. -
- can issue a new PSO
- extend an existing PSO
- Issue a temporary Protection Order (victim needs to agree)
- No further action6
