Police Safety Orders Flashcards
PSO general info:
- PSO is issued when an offence cannot be proven or no arrest is made.
- Bound person must SURRENDER FIREARMS LICENCE.
- Can detain at a place or police station to issue a PSO.
- Police do not need consent from the person at risk to issue a PSO
Who can issue a PSO?
Rank of sergeant or above
How long can you detain someone after issuing a PSO?
When issuing a PSO you may DETAIN THE PERSON FOR TWO HOURS.
How long does a PSO last for?
PSO lasts NO LONGER the 5 DAYS
How long do you have to serve a PSO?
PSO must be SERVED WITHIN 48 HOURS or it expires
Action taken if PSO is breached?
If a PSO is breached, bring them before the court within 24hrs, if not within 24hrs summons them to court.
Arrestable offences with PSO’s:
- Fails or refuses to remain at a place where they are detained.
- Fails to comply with conditions of a PSO.
- –>When arresting consider WEEP.
What are the four options available to Police when attending a family violence incident:
- NO FURTHER ACTION (consider advising on POs or victim support)
- WARNING (after review from a family violence coordinator)
- ISSUE A PSO (when insufficient to make an arrest but you BELIEVE the person is still at risk)
- ARREST (if offence disclosed and sufficient evidence to arrest)
How long can a Constable intending to issue a PSO against a person, detain that person?
2 hours
- Seek authorisation from a qualified constable
- Issue the order
- Serve the order
Do police need consent of the ‘person at risk’ to issue a PSO?
No.
This also avoids the blame being issued at the person for police issue.
When does a PSO come into force?
Immediately after issue.
Who cannot have a PSO issued against them?
A child (a person under 17 -not including a married/de facto person)
