Police Safety Orders Flashcards
What is a Police Safety Order?
It is an order given by a constable ( on prescribed form) to the bound person to ensure the person at risk.
Who can issue a Police Safety Order?
A constable can issue a Police Safety Order only with authorisation from a Sergeant or above.
Who is a bound person?
Bound person is is the person whom the order is issued against. They are bound to the conditions of the PSO.
What are the four options for police when attending a family violence incident?
1- No further action (advise of PO/ refer Victim Support
2- Warning after review FV coordinator
3- Issue PSO
4- Arrest if offence disclosed and sufficient evidence
When completing a risk assessment form, and prior to issuing a PSO (In line with section 128B Domestic Violence Act) what else must I consider?
- the aggressor has used DV against the person at risk.
- The aggressor has used DV against any other person with whom they have a domestic relationship.
- The aggressor is likely to use DV against the person at risk
- The welfare of any children with the person at risk
- The hardship caused if a PSO is issued
What are some other considerations before issuing a PSO?
- Previous interaction with the Police
- History of mental illness
- Presences/history of intoxication
- Propensity of violence
- Protection orders and/ot PSOs previously in place
Do Police need consent from the person at risk to issue a PSO?
No
Who cannot have a PSO issued against them?
- a child
- under 17
(Married or defacto person id an adult)
How long can a constable intending to issue a PSO against a person detain that person for?
2 hours
What is the purpose of the two hour detaining person for the potential bound person?
- seek authorisation
- issue the order
- serve the order
What can Police do if a person fails or refuses to remain at the place where they have been detained?
Arrest them - even if a PSO is not ultimately issued.
If a PSO is issued to a bound person what must immediately happen?
Any weapons including firearms must be surrendered. Also any firearms licence. The licence is deemed suspended when PSO is issued.
What else must the bound person do?
Vacant the land occupied by the person at risk regardless of whether they have legal interest in the land.
What are the other standard conditions of a PSO?
- Firearms + licence surrender to Police
- Weapons surrender to Police
- No physical, sexual abuse or threats to
- damage or threats to damage property
- psychological abuse
- encourage any other person to behave in any of the above manners
- Watch, loiter near or hinder and prevent access to or from where the person at risk, lives, works and studies
- Must not stop follow or accost
- No contact in any way
When does a PSO come into force?
Immediately when it is served on the person
