Police Safety Orders Flashcards
What is a Police Protection Order
They are for when there isn’t enough evidence to make an arrest. But if you believe that family harm may restart after police leave you or both parties refuse to leave address for a cooling off period then or have any concern for someone’s safety you may issue a PSO.
Who can issue a PSO
Any constable can issue a PSO but it must be authorised by a qualified constable. (the rank of sergeant or above)
Person at risk
Person who is named in the PSO as well as any child. Who’s safety is at risk
Bound person
Person who the PSO is issued against
Is consent required to issue a PSO
No. Consent is not required from either person
Maximum time a PSO is issued for
10 days
Duration of time to serve a PSO before time lapses
48 hours
Information that is required to be provided to the bound person and person at risk
Purpose of the PSO
Effect of the PSO
Duration of the PSO
Consequences for contravening the PSO
Power to detain
Section 32(1) Family Violence Act 2018
Section 32(1) Family Violence Act 2018
Constable issuing a PSO has the power to detain that person for a period not exceeding 2 hours
Section 32(2) Family Violence Act 2018
Failing or refusing to remain after being detained. That person then commits an offence punishable by a $500 fine
What is the process for if the bound person breaches the PSO
The bound person is then taken into police custody and must be brought before a court within 24 hours. If that cannot happen then they are released and served a summons to appear in court.
What happens if the bound person fails to appear in court
Then the court can issue a warrant for arrest
Situations where police can arrest someone in regards to a PSO
If the bound person fails to remain in the place of detainment
Or
Bound person breaches or fails to comply with any bail condition
