Police Safety Orders

Question 1

What is a Police Safety Order?

Answer 1

A PSO is an order issued by a constable using the prescribed form

To a BOUND PERSON (Person who order is issued against)

To ensure the protection of the person at risk

Question 2

Who can issue and authorise a PSO?

Answer 2

PSO is issued by any constable With authorisation from a constable holding the rank of sergeant or above

Question 3

Who must you report a PSO to once issued?

Answer 3

Once a PSO is in force must contact the crime reporting line

Question 4

What are the four options available when attending FV incidents?

Answer 4

No Further Action (Advise PO, women’s refuge)

Warning - Must have reasonable belief that no family violence will continue – after review with FV coordinator

Issue a Police Safety Order (Insufficient to K9 BELIEVE necessary for safety of person a risk)

Arrest – (if any offence has been disclosed and there is sufficient evidence)

Question 5

Can you issues a PSO to someone for a non family violence offence?

Answer 5

If you arrest someone for a non family violence offence you may still issue a PSO if you have necessary concerns for the safety of a person at risk and any children residing with him or her.

Question 6

Do police need the consent of the person at risk to issue a PSO?

Answer 6

Police do not need the consent of the person at risk to issue a PSO. By not requiring their consent we are able to avoid the person at risk being blamed for police action.

Question 7

A person at risk is defined as who?

Answer 7

A person at risk is defined as the person named on the order and any child who resides with that person.

Question 8

Can a PSO be issued against a child?

Answer 8

A PSO cannot be issued against a child. A child is defined as under 17

Question 9

A constable intending to issue a PSO can detain the person for how long?

Answer 9

A constable intending to issue a PSO can detain the person for 2 hours. Because they are being detained by enactment their rights must be read to them.

You are being detained for the purpose of completing a PSO

You have the following rights (BOR)

Question 10

What is the purpose of the detention?

Answer 10

To seek authorisation to issue a PSO from a qualified constable

To issue the Order

To Serve the Order

Question 11

If the person refuses or fails to remain, what happens?

Answer 11

If they fail or refuse to remain after being detained they commit an offence punishable by a $500 fine

The person will be arrested if they fail or refuse to remain detained.

Question 12

A person who a PSO is issued against must do what?

Answer 12

A person whom an order is issued against MUST IMMEDIATELY surrender to a constable:

Any weapon in his/her control (including Firearms)

Any Firearms Licence held

MUST IMMEDIATELY vacate the land occupied by the person at risk.

Question 13

What happens to Parenting Orders, day to day care or contact agreements when PSO are issued?

Answer 13

While the PSO is in effect Parenting Orders, day to day care or contact agreements are surrendered.

Question 14

When does a PSO come in to effect?

Answer 14

PSO comes into force immediately on being issued.

Question 15

How long can PSO last?

Answer 15

PSO can be for 24hrs to a MAX of Five days

When considering the length think so that the person at risk can get to support services and/or a Protection Order

Question 16

How long do you have to serve a PSO?

Answer 16

The PSO must be served within 48 hrs

Question 17

What must you do when you serve a PSO?

Answer 17

When the Order is served Police MUST explain to both the bounded and protected person the:

Purpose of the Order

Effect of the Order

Duration of the Order

Consequences for contravening the order

Question 18

What is the penalty for breaching a PSO?

Answer 18

There is no offence for breaching the order

Question 19

What can we do if a bound person breached a PSO?

Answer 19

When a bound person breaches a PSO, a constable may without Warrant using reasonable force take the person into custody and bring him or her before the district court.

If the person who has been taken into custody can’t be brought before the District Court within 24hrs, they must be released and served with a summons.

Question 20

What will the courts do?

Answer 20

When dealing with a breach the courts may:

Release the bonded person with no further action

Direct police to issues another PSO

Issue a temporary protection order

Question 21

When can you arrest a person with regard to a PSO?

Answer 21

Arrestable Offences

Fails or refuses to remain at a place where they are detained

Fails to comply with conditions of PSO

When arresting consider WEEP

W = Witness safety, or preventing interference with
E = Ensure the Bound Person appears in court
E =Evidence protection or preventing loss/destruction of
P = Prevent further offences from occurring.