Police Safety Orders Flashcards

1
Q

What is a Police Safety Order?

A

it is an order issued by a Constable to a bound person to ensure the protection of the ‘person at risk’

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2
Q

Who can issue a PSO?

A

Any Constable - if authorized by a qualified constable Sergeant or above

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3
Q

Who is the ‘bound person’?

A

the person against whom the order is issued. They’re bound by the conditions of the PSO.

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4
Q

What are four options available to Police when attending a family violence incident?

A
  • No further action
  • Warning
  • Issue a PSO
  • Arrest
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5
Q

Do Police need consent of the ‘person at risk’ to issue a PSO?

A

no

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6
Q

Who cannot have a PSO issued against them?

A

a child (a person under 17 - not married.defacto person)

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7
Q

How long can you detain a person for the purpose of issuing a PSO?

A

2 hours

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8
Q

What is the purpose of these 2 hours?

A

allow time to:

  • seek authorization from a qualified constable
  • issue the order
  • serve the order
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9
Q

What can you do if a person fails or refuses to remain at the place where they have been detained?

A

Arrest them (even if a PSO is not ultimately issued)

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10
Q

If a PSO is issued, what must the ‘bound person’ immediately surrender to a constable?

A
  • Any weapon in his possession (including firearms)

- Any firearms licence held (it is deemed to be suspended upon issue of the PSO)

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11
Q

When does a PSO come into force?

A

Immediately on being served on the bound person

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12
Q

What is the duration of a PSO?

A

For the period specified in the Order but no longer than 5 days.

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13
Q

Within what time frame should a PSO be served?

A

48 hours

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14
Q

If a PSO is not served within 48hours, what happens to it?

A

it lapses

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15
Q

When serving the PSO what must you explain to the bound person?

A
  • Purpose of the Order (to protect)
  • Effect of the Order
  • Duration of the Order (the amount of time)
  • Consequences of contravening the Order (locked up)
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16
Q

Is it an offence if a ‘bound person’ fails or refuses to comply with the PSO or a condition of the PSO?

A

No - a constable may, however, take the person into custody, using reasonable force and bring them before the District Court. (no arrest as no offence)

17
Q

If the person taken into custody for breach of PSO cannot be brought before the court within 24hours, what must you do?

A

Release and serve summons to appear