Police Safety Orders

Question 1

What does the “Overview” say about the Policy Statment and Principles for Police Safety Orders (PSO)?

Answer 1

• PSOs are immediate orders issued by a QUALIFIED CONSTABLE at a Family Harm episode.
• PSOs require a BOUND PERSON to SURRENDER any weapon in their control or ANY firearms licence and VACATE any LAND or BUILDING occupied by a Person(s) At Risk regardless of whether the BOUND PERSON has a LEGAL or EQUITABLE interest in it.
• PSOs can be issued for up to TEN DAYS.
• PSOs provide an additional tool for Police attending Family Harm episodes. They ENABLE Frontline Officers to take IMMEDIATE ACTION to protect persons at risk of Family Harm when an investigation fails to ESTABLISH sufficient evidence of an offence.
• A PSO provides TIME for the Person at Risk to SEEK support and assistance, including applying for a Temporary Protection Order if desired and for the Bound Person to COOL DOWN and also seek support and assistance.

Question 2

Who “determines” whether it is NECESSARY to issue a PSO?

Answer 2

• Police will determine whether it is necessary to issue a PSO during a family harm or other investigation.
• Once this determination is made Police will ISSUE and SERVE the PSO in the prescribed form and according to the procedures.
• SUPPORT will be arranged for the Person at Risk.
• Police will pursue breaches of PSOs via the Court.

Question 3

What “links” does PSOs have with Family Harm Policy and Procedures?

Answer 3

• PSOs are just ONE possible response to a Family Harm episode.
• The Police Family Harm Policy and Procedures ONLY apply when Police attend a Family Harm episode and the parties involved are in or have been in a INTIMATE PARTNER RELATIONSHIP or are Family Members. These relationships are TWO of the FOUR categories DEFINED in the Family Violence Act 2018 as DOMESTIC RELATIONSHIPS.
• Normal Police responses apply to family violence involving the other categories of Domestic Relationships ie flatmates, and close personal relationships.
• PSOs can be considered and issued in ALL responses to family harm episodes when the parties involved are in ANY domestic relationship.

Question 4

What are Police Safety Orders?

Answer 4

• PSOs are immediate orders issued by a qualified Constable under S. 28 Family Violence Act 2018.
• PSOs provide an additional tool for Police attending family harm episodes where an investigation fails to establish full evidence of an offence and attending officers consider a cooling down period would be beneficial.
• The Person at Risk’s CONSENT is not required.
• The Orders DO NOT NEED to be issued by a Court. A Constable can also issue an order on JUDICIAL DIRECTION (S. 46)
• The Orders MUST be issued in the PRESCRIBED form.

Question 5

Who is a QUALIFIED CONSTABLE?

Answer 5

• A qualified Constable is a constable of or above the position level of Sergeant.
• They MUST hold the SUBSTANTIVE position level or otherwise be FORMALLY APPOINTED or AUTHORISED under S. 63 Policing Act 2008.

Question 6

What are the “IMMEDIATE effects of a Police Safety Order”?

Answer 6

• PSOs require a bound person to:
  . SURRENDER any weapon in their control or any firearms licence held to a Constable
  . VACATE any land or building occupied by a person(s) at risk regardless of whether the bound person has a legal or equitable interest in it
  . Provide a COOLING DOWN PERIOD where the person at risk has time and space to seek support and assistance, including applying for a Temporary Protection Order if desired and for the bound person to seek support and assistance.

Question 7

What are the “LONGER effects of a Police Safety Order”?

Answer 7

• In addition to the immediate effects of the Order, the bound person MUST not:
  . ENGAGE in behaviour that amounts to any form of family violence against a person at risk
  . Make any CONTACT with a person at risk that is not authorized
  . ENCOURAGE any person to engage in behaviour against or to make contact with a person at risk, where the behaviour or contact, if engaged in or made by the bound person, would be PROHIBITED by the Order.

Question 8

What typed of CONTACT can a Bound Person make whilst a PSO is in force?

Answer 8

• Contact by the bound person with a person at risk is AUTHORISED and not in breach of an orders NO-CONTACT CONDITION, if the contact is:
  . reasonably necessary in an EMERGENCY
  . permitted under any SPECIAL condition of any relevant Protection Order
  . necessary in order to attend a Family Group Conference (FGC)
  . necessary to ATTEND A PROCEEDING before a Court or Person acting judicially or to attend any matter associated with such a proceeding which would be jointly attended (S. 38)

Question 9

What are the “effects on Parenting Orders” if a PSO is issued?

Answer 9

• If a bound person is a party to a Parenting Order or Agreement, that Parenting Order is SUSPENDED.
• Any day to day contact or care of a person provided for in the Parenting Order has NO EFFECT and the provisions of the Safety order apply.

Question 10

When can a Safety order be ISSUED?

Answer 10

• A Qualified Constable or a Constable authorized by a qualified Constable may issue a PSO against a person who is or has been in a family relationship with another person if the Constable has REASONABLE GROUNDS TO BELIEVE having regard to specified matters, that the issue of an order is necessary to help make the person at risk safe from family violence (S. 28).

Question 11

What happens when a person is arrested for a family violence offence but there was insufficient evidence to charge?

Answer 11

• If a person is arrested for a family violence offence, but it is later determined that there is insufficient evidence to charge for that offence, a PSO can subsequently be issued.

Question 12

When can a Safety Order NOT be issued?

Answer 12

• PSOs CANNOT be issued if the person posing risk is charged for a family violence offence. In these cases, BAIL CONDITIONS may be set which essentially serve the same purpose as a PSO.
• A PSO cannot be issued if the person posing risk is a CHILD unless satisfied that the CHILD is aged 16 years old or over and that the Order is JUSTIFIED by SPECIAL circumstances.

Question 13

What if there is a Protection Order in place?

Answer 13

• If the person posing risk is the subject of a Protection Order and the Applicant is the Person at Risk, it is likely that the behaviour complained of will constitute a breach of the Order. Every effort should be made to obtain sufficient evidence so that an arrest can be made.
• An officer can serve a PSO if there is NOT SUFFICIENT evidence to arrest. This takes the pressure off the protected person to protect themselves.
• It is also ALIGNED with the Victim Graduate Response Model.
• In these situations seek advice from your Supervisor or Family Violence Coordinator / Family Harm Specialist.

Question 14

What are the “FACTORS to consider when deciding to issue a Police Safety Order?

Answer 14

• When deciding whether it is necessary to issue a PSO, consider, if applicable, the total concern for safety determined during the family harm investigation and the range of safety actions suggested in the Frontline Safety Plan.

Question 15

What additional FACTORS should Police consider?

Answer 15

• Also consider:
  . Whether it is likely that the person posing risk:
  > has inflicted, or is inflicting family violence against the person at risk, and/or any other person with whom the person posing risk has a family relationship
  > will inflict or again inflict family violence against the person at risk
  . the WELFARE of any CHILDREN residing with the person at risk
  . the HARDSHIP that may be caused if the Order is issued
  . any other matter that may be considered relevant (S. 29)

Question 16

What additional FACTORS should Police take ACCOUNT of?

Answer 16

• You should also take account of:
  . Previous interactions with Police
  . History of Mental Illness
  . Presence or history of abuse of alcohol and/or drugs
  . Propensity for violence
  . Family Harm history
  . Parenting Orders, Protection Orders and/or PSOs previously in force
  . Multi-agency Plans in place from previous family harm episodes
  . Whether the person posing risk is currently involved with PERPETRATOR SUPPORT SERVICES.

Question 17

Explain factor: HARDSHIP?

Answer 17

• For the purpose of a PSO, consider hardship caused to any person including the family.
• When deciding if HARDSHIP may be caused, consider such things as:
  . Who will have the family car
  . Who is in charge of family finances and holds Eftpos cards/money
  . The financial ability for the bound person to find alternative accommodation and transport
  . Whether any child has a disability or illness requiring more intensive care and support

Question 18

What other factors should Police be MINDFUL for when issuing a PSO?

Answer 18

• Be mindful that the DYNAMICS of family harm mean that in some cases the USE and CONTROL of family money and other assets may be part of the POWER and CONTROL dynamics used by the person posing risk to continue the family harm.

Question 19

Explain factor: PARENTING ORDERS?

Answer 19

• You must take REASONABLE steps to establish whether ANY adult family member of the household holds, or is in the process of obtaining, a Parenting Order relating to children of the household.
• The bound person may have had a Parenting Order made against the person at risk whom you intend to protect and a violence finding may have been made against them by the Family Court.
• Be AWARE of DANGERS to the children for reasons not immediately apparent.
• If a Parenting Order is in place the Family Violence Coordinator / Family Harm Specialist should be informed.

Question 20

Explain “Commencement and duration of the Orders”?

Answer 20

• PSOs come into force IMMEDIATELY after they have been served and continue in force for the period specified in the order.
• This period CANNOT EXCEED TEN DAYS.

Question 21

What 4 points should be considered when “deciding the DURATION of the Order”?

Answer 21

1. The issuing officer decides on the duration of the order:
   . have regard to the FACTORS set out in S. 35
   . carefully consider the IMPACT of the Order on the family
2. As a STARTING point, you should begin with considering a 24 hour duration and then factor in other relevant considerations, for example:
   . Weekends, Public Holidays, and an Individuals ability to access the Courts, if necessary
   . How long it will take for the family to access appropriate support services and make on-going arrangements for their safety
3. Note that the LONGER the duration of the Order, the more COMPLEX the decision making is likely to be and the greater the likelihood that there will have been an offence.
4. PSOs issued for longer than 5 days are used for situations where there is a likelihood of SERIOUS HARM occurring, where a “Protection and related property Orders” is being sought or where a “Victim Relocation” is being sought.

Question 22

What 3 steps are required “to AUTHORISE or obtain authority to issue a PSO”?

Answer 22

1. Complete ALL enquiries to identify possible offences. Where NO OFFENCES are disclosed consider whether it is necessary to issue a PSO.
2. If you are NOT a QUALIFIED CONSTABLE and consider that a PSO should be issued, seek AUTHORITY to issue an order from a Constable who is qualified.
   . NOTE: without a formal appointment under S. 63 a Constable who is relieving as an Acting Sergeant is NOT ‘qualified’ and CANNOT issue, or authorize the issue of a PSO.
   . Supervisors asked to issue a safety order but who are NOT a qualified Constable should seek approval from the Communications Centre Supervisor, the Custody Sergeant, or the District Command Centre shift supervisor for approval to issue a PSO.
3. To DOCUMENT discussion about authorisation to issue at the time it was given, the authorizing constable should explain the CONDITIONS surrounding the PSO in the Family Harm investigation in OnDuty, or via a NOTEBOOK entry.
   . Why? This record could be important if issuing the safety order is LATER CHALLENGED on the basis it was not necessary, or that it would have been issued had a more ACCURATE consideration of risk been completed.

Question 23

What are “Police POWERS pending AUTHORISATION and ISSUE of an Order”?

Answer 23

• DETAIN the person against whom a PSO is to be issued for up to TWO HOURS to allow you to obtain the necessary authority and to issue and SERVE THE ORDER on that person.
• The two hour period commences when the Constable decides that a PSO is necessary
• REMOVE the person from the premises and to a Police station or place used as a Police station during the period of detention.
• In some situations and for SHORT PERIODS, detention within the home may be appropriate.

Question 24

What happens when a person refuses to REMAIN at the place where they are detained?

Answer 24

• A person who refuses to remain at the place where they are detained:
  . Commits an OFFENCE and is LIABLE on Summary Conviction to a FINE not exceeding $500
  . May be arrested without warrant

Question 25

What happens if Police are “unable to issue and serve the order during the period of detention”?

Answer 25

• If you are unable to ISSUE and SERVE the order WITHIN two hours, you MUST release the detained person.
• You then have a period of 48 HOURS to issue and serve the Order on that person.
• The opportunity to serve a Safety order will EXPIRE if it has not been served within that time period.
• The 48 hour period commences from the time a Qualified Constable authorises the issuing of the PSO.

Question 26

Explain process for “arranging SUPPORT for the Person at Risk when the Order is issued”?

Answer 26

• Be aware that there is the potential for continued risk to a person at risk despite a safety order being issued.
• You should take ALL practicable steps to ensure that as part of implementing the Frontline Safety Plan or other safety measure:
  . relevant and appropriate specialist support will be contacted for the Person at Risk and that their immediate safety is assured
  . if required, ADVOCACY for the Person at Risk is arranged as soon as possible to enable contact to occur
  . support and temporary place to reside is available to the bound person
• The officer issuing the PSO should, where possible, and ideally while still at the scene, ring the family violence support agency as part of the Frontline Safety Plan (as relevant)

Question 27

What are the “procedures when Orders are served”?

Answer 27

1. Fully EXPLAIN to the person at risk and the bound person the NATURE, DURATION and EFFECT of the Order. This explanation can happen prior to, at the time of serving or, in the person at risks case, as soon as possible after the safety order is served.

NOTE: Consider using an Iwi, Pacific or Ethnic Liaison officer to liaise with families where language and cultural issues may be a factor.

Question 28

Under the “procedures when Orders are served”, what provisions does S. 42 provide regarding RISK AND NEEDS ASSESSMENT for PSOs?

Answer 28

• The PROVISION of a PSO Risk and Needs Assessment Service is a REQUIREMENT of the Family Violence Act 2018, however the service WILL NOT BE AVAILABLE UNTIL THERE IS SUFFICIENT PROCUREMENT OF SERVICE PROVIDERS.
• The Service is an OPPORTUNITY for Police and providers to ENHANCE safety by SUPPORTING family and whanau in the intermediate term, following a family violence episode.
• The Service will work closely with the bound person to IDENTIFY UNDERLYING ISSUES and BEHAVIOUR by creating a plan to support SUSTAINABLE behaviour change.
• The Service will integrate with EXISTING parts of the system such as ISR, Whangaia Nga Pa Harakeke and FVIARS, potentially developing additional entry points to the Service in the future.

Question 29

Under the “procedures when Orders are served”, explain “Capture and issue PSO in OnDuty”?

Answer 29

• If OnDuty is not available, BCP enables you to record the PSO in NIA immediately by contacting the Crime Reporting Line (CRL) via 0800 NZP PSO.
• The PSO MUST NOT be manually entered into NIA.

Question 30

Under the “procedures when Orders are served”, what MUST Police ensure for the bound person of a PSO?

Answer 30

• Upon serving the safety order, you MUST ensure that the bound person:
  . IMMEDIATELY surrenders ALL firearms or weapons in their POSSESSION or CONTROL
  . VACATES the land or building occupied by the person at risk. It is IRRELEVANT whether the bound person has a FINANCIAL INTEREST in that place.
• Take ALL practicable steps to OBTAIN CONTACT DETAILS for the bound person so that Police can contact them and DISCUSS prevention options.

Question 31

Under the “procedures when Orders are served”, what provisions does S. 37 regarding firearms and firearms licences at the time of service for PSOs?

Answer 31

• At the time of service, Police MUST DEMAND surrender of ALL firearms and the firearms licence.
• If:
  . The bound person holds a firearms licence, ALSO CONSIDER INVOKING the provisions of S. 27 or S. 27A of the Arms Act
  . There is BELIEF that the bound person may be in possession of or have access to firearms, ALSO CONSIDER INVOKING S. 18 of the Search and Surveillance Act. A REPORT MUST be sent to the Commissioner within THREE DAYS if this power is exercised.
• Police MUST provide suitable STORAGE for ALL weapons SEIZED under the Family Violence Act 2018 or Arms Act 1983 for the period of the SUSPENSION of the firearms licence.

Question 32

Under the “procedures when Orders are served”, who do Police contact for further support for Persons at Risk?

Answer 32

• If you have not already done so, contact the APPROPRIATE AGENCY to ensure appropriate assistance and support services are in place for the person at risk according to the Frontline Safety Plan.

Question 33

Under the “procedures when Orders are served”, what further responsibilities do Police have once completed the family harm investigation?

Answer 33

• Before the end of your shift, COMPLETE the family harm investigation in OnDuty, or other investigation.

Question 34

Under “Breaches of PSOs and related powers”, what are Police responsibilities for “preventing and detecting breaches”?

Answer 34

• Police should contact the person at risk while the PSO is in place - preferably within 24-48 hours of the order being served, to:
  . Check for any breaches that may have occurred
  . Ensure the person at risk understands what constitutes a breach
• Unless IMPRACTICAL to do so, Police should also re-visit the bound person while the PSO is in place if the bound person is considered HIGH RISK

Question 35

What are the reasons if it is deemed necessary for Police to VISIT the person bound whilst the PSO is in force?

Answer 35

• The visit:
  . Provides TIME TO ENGAGE with the bound person and offer support services to ADDRESS family harm at a time when Police are not responding to a call for service
  . Ensures the bound person understands the PSO, what constitutes a breach and CONSEQUENCES of any breach. This is particularly IMPORTANT if the bound person was INTOXICATED at the time the order was served and may not have understood the conditions and consequences of the order.

Question 36

What are Police ACTIONS for breach of PSO?

Answer 36

• Although breaching a PSO is NOT AN OFFENCE, the bound person can still be taken into CUSTODY if a Constable BELIEVES ON REASONABLE GROUNDS that the bound person has REFUSED or FAILED to comply with the Order or a condition of the Order. You may USE REASONABLE FORCE when arresting the person.
• If a bound person is taken into CUSTODY for breaching a PSO, you MUST:
  . bring them before the Court within 24 HOURS
  . make a COMPLAINT to the Court requesting that it makes an order under S. 45
  . if the person CANNOT be brought before a Court within 24 hours, at or before the expiry of the period, you MUST RELEASE the person and SUMMONS them to appear. The person can be arrested and brought before the Court if they FAIL TO APPEAR as summonsed.
  . The original PSO remains in existence for the duration of which it was originally issued.
• NOTE: It is appropriate to ADVISE a bound person who breaches a PSO that they are DETAINED or BEING TAKEN INTO CUSTODY. While it is NOT CRITICAL, the latter option is preferable and the person MUST be advised the REASON why they have been taken into custody.

Question 37

What if the bound person has absconded after the breach?

Answer 37

• Where the bound person has absconded after breaching the PSO, you MUST capture the breach in OnDuty or advise CRL.
• You have ONE MONTH from the TIME of the breach to locate the bound person and to bring them into custody.
• You then have 24 hours to bring them before the Court.
• A Complaint is filed and an order sought under S. 45.

Question 38

Explain “Warrants to arrest” under the provisions of S. 51?

Answer 38

• You may also apply to the Court for a Warrant to Arrest to be issued under S. 51 and it MUST be recorded as an alert in NIA.
• This warrant provides for a POWER OF ENTRY using REASONABLE FORCE if you have REASONABLE BELIEF that the bound person is at a specific address.
• You MUST then:
  . bring the person before the Court as soon as possible
  . make a complaint to the Court in the prescribed form so that the Court can exercise its jurisdiction under S. 45

Question 39

What happens if a warrant is issued and the person bound is not located within that month?

Answer 39

• If a warrant to arrest has been issued for breach of a PSO and the bound person has not been located and brought before the Courts within one month, the matter MUST be brought back before the Court to SEEK LEAVE TO WITHDRAW the warrant.

NOTE that over time the significance of the breach and the sanctions available to the Court become less irrelevant.

Question 40

What is the process when “ locating the bound person”?

Answer 40

• If the bound person is not at the specific address or has absconded an a warrant to arrest is sought, you should look for the bound person for one month after the expiry of the PSO.
• The warrant to arrest alert expires automatically AFTER TEN DAYS to one month after the issue of the warrant.

Question 41

What is the process for “filing complaints for breaches”?

Answer 41

• A CHARGING DOCUMENT is not filed for the breach of an order, as a breach is NOT AN OFFENCE.
• Breaches of PSOs should be filed using the complaint form in NIA, and MUST be sworn at Court by the Constable named on the complaint.
• Complaints CANNOT be filed electronically like charging documents.
• A copy of the POL2142 (Complaint Summary) is electronically transmitted to Court, however the original MUST STILL be sworn by the Constable at the Court.

Question 42

What are the Court responsibilities when “filing complaints for breaches”?

Answer 42

• If the Court is SATISFIED that the bound person has refused or failed to comply with a PSO, the Court may:
  . continue with the existing order for the duration of which it was issued
• if the Order HAS NOT EXPIRED, DIRECT that another order be issued in substitution for the earlier Order for a period NOT EXCEEDING TEN DAYS. This MUST be served as soon as practicable
• if the Order HAS EXPIRED, direct that another Order is issued against the bound person
• adjourn the proceedings so that a District Court Judge can consider whether a Temporary Protection Order SHOULD be issued.

Question 43

What “if a new Order is INSTRUCTED to be ISSUED by the Court”?

Answer 43

• If the Judge or Judicial Officer determines that a NEW or SUBSTITUTED PSO is to be issued, the Police Prosecutor will arrange to have the Court directed PSO ISSUED by a ROLE-HOLDER in the following order:
  . An Officer of the Court, if not present then
  . A Constable of a district within the vicinity of the Court, if this is not possible then
  . The Prosecutor
• The Officer who issues the Court Directed Order MUST follow the “procedures when Orders are served”.
• S. 52 provides for a TWO HOUR HOLDING period in custody, for the new order to be completed and served.
• The Order should be captured in OnDuty or recorded by contacting CRL on 0800 NZP PSO (0800 697 776).

Question 44

What is the process when “Notifyifng the person at risk”?

Answer 44

• Prosecutors MUST advise the person at risk of the Court decision and any subsequent action.
• If the person at risk is NOT PRESENT at Court, then the Prosecutor, Officer of the Court or Constable MUST try to contact them to advise them of the Court outcome.
• If the Prosecutor, Officer of the Court or Constable CANNOT ADVISE the person at risk of the Court outcome, ENSURE that you contact the person by:
  . making THREE ATTEMPTS of telephone calls within ONE hour
  . send the local unit and complete a 4Q follow up event
  . update the NIA record to reflect the action taken
• The ONUS is on the District to advise the person at risk and the CRL will only provide assistance.
• It is the districts responsibility to maintain this function.

Question 45

What are the “details regarding the ONLY offence relating to PSOs” - offence?

Answer 45

• FAILING TO REMAIN WHILE A SAFETY ORDER IS ISSUED (S. 32(2))

Question 46

What are the “details regarding the ONLY offence relating to PSOs” - You must prove the person?

Answer 46

• having been DETAINED by a Constable who is proposing to issue a PSO, the person posing risk refused or failed to remain at the place where they were detained or any other place taken to during the detention.

Question 47

What are the “details regarding the ONLY offence relating to PSOs” - Powers?

Answer 47

• You can arrest without warrant any person who has failed or refused to remain in Police custody for the two hour time period in which you can detain for the purpose of issuing a safety order.

Question 48

What are the “details regarding the ONLY offence relating to PSOs” - penalty?

Answer 48

• A fine not exceeding $500 (Category One Offence)

Question 49

If it is not an offence to breach a safety order, what can Police do instead?

Answer 49

• It is not an offence to breach a safety order. However, if other offending occurred at the time the PSO was breached, the bound person should be charged with the appropriate offence, if supported by the evidence.

Question 50

What is the process when “issuing Police Safety Orders to children”?

Answer 50

• A PSO can be issued under S. 28 to children aged 16 or 17 as part of the Frontline Safety Plan, IF THE ORDER IS JUSTIFIED BY SPECIAL CIRCUMSTANCES (S. 31)
• When alternatives to a PSO are considered to be inappropriate or insufficient, a PSO may be issued against a child aged 16 or 17 where there are reasonable grounds to believe it is necessary to help make that child’s family member, or person they have a close family relationship with, safe from family violence.

Question 51

Explain the “decision making” process when determining whether to issue and serve a PSO on a child?

Answer 51

• While attending a 5F, Police will DETERMINE whether it is necessary to issue a PSO as a result of a quality Family Harm Investigation
• The issue of a PSO for a child should be the LAST OPTION and should ONLY be issued where it is permitted by the Act.

Question 52

Explain the FIRST step: “Have all reasonable steps been considered and taken to mitigate risk to person at risk”?

Answer 52

1. Identifiable offence: consider arrest without warrant (apply S. 214, OT Act 1989)
2. Identifiable offence: consider Youth Aid referral
3. No identifiable offence - involve the family and/or whanau in identifying alternative actions

Question 53

Explain “Determining SPECIAL CIRCUMSTANCES”?

Answer 53

• A PSO may only be issued against a child aged 16 or 17 years where there are special circumstances. This may be the case where the child’s behaviour has reached a point where there is little room for alternatives.
• Special circumstances may include:
  . Reasonable grounds to believe that the issue of an order is necessary to help make the person at risk safe from serious family violence
  . The ‘total level of concern in OnDuty is HIGH
  . Approved from a Senior Sergeant or above has been obtained
  . The authorizing Senior Sergeant has consulted with OT

Question 54

If the criteria for issuing a PSO on a child has been met, special circumstances may exist to issue a PSO. What happens next?

Answer 54

1. Complete a quality 5F investigation in OnDuty and submit for review
2. Follow joint guidance from Police and OT
3. Record your decision making, consultation with OT
4. Record justification for duration
5. Ensure that the person posing risk, family and/or whanau of the young person are fully informed and understand the implications of the PSO
6. Update NIA with any relevant information throughout the duration of the PSO

Question 55

What MATTERS should be considered when ‘guiding issuing and duration’ of a PSO on a child?

Answer 55

• You MUST take into account these matters listed in S. 29 of the Act:
  . Whether it is likely that the person posing risk:
  > has inflicted or is inflicting family violence against the person at risk and/or any other person with whom the person posing risk has a family relationship
  > will inflict or again inflict family violence against the person at risk

. the welfare of any children residing with the person at risk

. the HARDSHIP that may be caused if the Order is issued

. any other matter that may be considered relevant

Question 56

What further considerations should Police consider when ‘guiding issue and duration’ of a PSO on a child?

Answer 56

1. Advice from OT regarding Care and Protection and eligibility for transition service requirements.
   . Consider where the child can live for the duration of the Order.
   . Whenever possible, consider views of that family, whanau, hapu, iwi, and family group.
   . OT may be able to provide information to assist in addressing these considerations via the National Contact Centre.
2. Placement that causes harm
3. Previous interactions with Police
4. History of mental illness / intellectual disability
5. Presence or history of abuse of alcohol and/or drugs
6. Immediacy of the Order, what are the unintentional consequences risks associated with the child or any other members of the family or whanau
7. Existing orders that may require a person to reside at a determined address
8. Unintended consequences or risks associated with the person at risk if a PSO is not issued
9. Risk and safety planning
10. Any other matter you believe is relevant

Question 57

What are the “LIMITS on issuing PSOs against a child”?

Answer 57

• Issuing a PSO against a child should be viewed as a LAST resort.
• It should principally be used as a means to “COOL DOWN” after a situation of reported family violence.
• The NEEDS of children are different to adults when considering the use of a PSO.
• The Act states that PSOs cannot be issued if the person posing risk is a child UNLESS satisfied that the child is aged 16 or 17 years old and that the Order is JUSTIFIED by SPECIAL CIRCUMSTANCES (S. 31)
• The duration for which a PSO is issued in relation to a child aged 16 or 17 must be the LEAST RESTRICTIVE amount of time possible.
• This will ensure that the Order is an effective as it can be and have MINIMAL UNINTENDED CONSEQUENCES.

Question 58

Why do “we need to treat children differently when considering a PSO”?

Answer 58

• A person aged 16 or 17 is a child for the purposes of the Act.
• A HOLISTIC approach should be considered that enables staff to see the child as a whole person.
• This includes their development potential, health needs, whakapapa, language and communication needs, cultural identity and values, gender and sexual orientation, and disability if any.
• This means that decisions on duration of the PSO, how conditions are communicated and supports put in place, need to consider the individual circumstances and context of each child, taking into account their views, as well as those of their families and whanau.

Question 59

What “duty” do Police have when issuing a PSO on a child?

Answer 59

• Police MUST explain the PURPOSE, DURATION and REQUIREMENTS of the PSO to the bound person, and any person at risk.
• Ensure that the child UNDERSTANDS the consequences that follow.
• They may need additional support to ensure they understand what is explained to them and are equipped in sufficient measure, to meet their obligations (S. 33)

Question 60

Explain “Detention for issuing and serving” of a PSO against a child?

Answer 60

• You may detain a child for a period not exceeding two hours to issue a PSO

NOTE: This does not trigger a POWER OF ARREST WITHOUT WARRANT and so the protections in S. 214, OT Act 1989 are not a requirement. However, rights under S. 23 Bill of Rights Act 1990 apply.

• If you are proposing to issue a PSO against a child, you may detain that child for a period, not exceeding two hours, to:
  . Obtain authorization to issue the Order
  . Issue the Order
  . Serve the Order (S. 32)

Question 61

Explain “Person detained for PSO fails or refuses to remain” when issuing a PSO against a child?

Answer 61

• It is a CRIMINAL offence if the child fails or refuses to remain at the place where they are detained.
• You may arrest the bound child without warrant if they fail or refuse to remain at the place where they are detained.
• This applies regardless of whether an order is issued or served.
• As this is a criminal offence, matters related to ABSCONDING from a place of detention will be dealt with in the Youth Court.

. There is a power of arrest without warrant where a child fails or refuses to remain and so the protections regarding arrest in S. 214 of the OT Act will apply.
. If a child is detained for a PSO and fails or refuses to remain the child is committing an offence and is subject to a penalty not exceeding $500
. If a child fails or refuses to be detained at an address specified in the PSO, this will be dealt with in the Youth Court. (S. 32)

Question 62

Explain “PSO contraventions”?

Answer 62

• Breaching a PSO is NOT A CRIMINAL OFFENCE.
• This means that the bound child may be taken into custody if you believe that the bound child has refused or fails to comply with the Order or a Condition of the Order.
  . The original PSO remains in existence for the duration of which it was originally issued
  . Where a breach does occur, it is proceeded with by way of a COMPLAINT to the District Court

Question 63

What are the “DISTINCTIONS” when a person ‘may be taken into custody’ and ‘being arrested’?

Answer 63

• There are distinctions between when a person ‘may be taken into custody’ and being ‘arrested’. While there is a TECHNICAL distinction between these two terms for LEGAL REASONS, there is little practical difference.
• A person who has been taken into custody for breach of a PSO pursuant to S. 43(2)(a) of the Act, can only be held for up to 24 hours to be brought before a District Court.
• If this is not possible, they MUST be SUMMONSED on the prescribed form.
• It is appropriate to advise a bound person who breaches a PSO that they are ‘detained’ or ‘being taken into custody’.
• While it is not critical, the latter option is preferable and the person MUST BE ADVISED the reason why they have been taken into custody.
  NOTE: S. 214 of the OT Act 1989 DOES NOT APPLY where the child has breached a PSO or a condition of a PSO, as this is an arrest provision. Nevertheless, the child could be taken into custody in the same way as an adult.
• Police can take a person into custody if they have been served with an order and they refuse or fail to comply with the Order.
• If you believe on reasonable grounds that the child has refused or failed to comply with the Order or a condition of the Order then, you may take the child into custody by using such force as is reasonably necessary, or by executing a warrant to arrest issued in respect of that child under S. 51(2).
• It is very unlikely that the latter will occur operationally.
  NOTE: There is DISCRETION to take a bound child into custody S. 43(2) of the Act uses the word ‘may’.
• Although taking into custody is not described as an “arrest” in S. 43, it is good practice to consider the protections in S. 214(1) of the OT Act 1989 prior to detaining a child.
• The protection that would likely be relevant is that the action is necessary to prevent further offending S. 214(1)(a)(ii) and issuing a SUMMONS would not achieve that purpose S. 214(1)(b).
  NOTE: This is not technically an “arrest” it does not authorize the use of other OT Act 1989 sections such as S. 234 to deal with placement.