Police Safety Orders (FH12) Flashcards
What is the purpose of issuing a PSO?
Protect the person involved in a family violence event including other children at risk.
What is the standard conditions of a PSO?
You must not:
- Engage any any behaviour that amounts to any family violence against the person at risk
- Make any unauthorised contact with person at risk
- Encourage a person to engage in behaviour against the person at risk
Identify the max duration of time a PSO may be issued for
1 - 10 Days
Define the term ‘Qualified Constable’
A constable who is of or above the rank of sergeant.
What is the power to detain someone in relation to PSOs and the restrictions on that power
Section 32 (1) of the Family Violence Act 2018
- Must not detain a person for more than 2 hours
Understand whether or not consent is required from the person-at-risk to issue a PSO
Police do not need consent of the person at risk to issue a PSO in order to avoid the person at risk being blamed for police action.
Identify duration of time you have to serve a PSO which has been issued before it lapses
48 Hours
What information must be provided to the bound person and the person-at-risk when you serve a PSO
• Purpose of the order
• Effect of the order
• Duration of the order
• Consequences of contravening the order
What action to take upon a breach of PSO
Take them into custody and hold them for delivery to the court.
What is the summoning process if someone remains in custody for 24 hours after being taken into custody for breaching a PSO?
- They must be released and served with a summons to appear before the District Court
- If they fail to appear, the District Court May issue a warrant to arrest to bring them before the Court
Identify the Courts options when dealing with a breach of PSO
• Direct Police to issue another PSO served on the bound person not exceeding 10 days where bound person can be detained for no more than 2 hours
• Adjourn the proceedings in order for District Court Judge to consider whether or not to issue a temporary Protection Order.
Identify the situations in which you can arrest someone in regards to a PSO
Section 32 (2) of the Family Violence Act 2018:
• Person fails or refuses to remain at a place where they are detained
• Bound Person failed or refuses to comply with PSO conditions, you may apply to Court for a warrant to arrest