PSO Flashcards
Who can issue a PSO?
Any constable - if authorised by sgt or above.
Who is the bound person?
The person against whom the order is issued.
What are the 4 options available to police when attending a family violence incident?
- NO FURTHER ACTION (consider advising on protection order / referral to victim support / women’s refuge etc).
- WARNING (after review of file by family violence coordinator - encourage aggressor to seek support for underlying issues).
- ISSUE A PSO (insufficient to arrest but you BELIEVE necessary to ensure safety of person at risk).
- ARREST (offence disclosed & sufficient evidence).
When completing a risk assessment form, prior to issuing a PSO, what else must you consider?
Whether:
Aggressor has used DV against person at risk.
- aggressor has used / using DV against another person (domestic relationship).
- likely to use DV
- welfare of children
- potential hardship if PSO issued.
What other info might you consider before issuing a PSO?
- previous interactions with police.
- history of mental illness.
- presence / history of intoxication.
- propensity for violence.
- protection orders / PSO’s already in place.
Do police need the consent if the ‘person at risk’ to issue a PSO?
No.
Also Avoids blame being issued at the person for police action.
Who cannot have a PSO issued against them?
A child (under 17 - not including married / de-facto).
How long can a Constable intending to issue a PSO against a person, detain that person?
Two hours
Either at police station or at address).
What is the purpose of two hours detain?
Sufficient time to:
Seek authorisation from a qualified constable (Sgt)
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 - even if PSO isn’t ultimately issued.
If a PSO is issued, what must the bound person immediately surrender to a constable?
Any weapon (possession or control)
Any firearms licence (deemed suspended when PSO issued).
What else must a bound person do?
Vacate any land occupied by person at risk (regardless of whether they have legal interest in the land ).
What other conditions are in the PSO?
NO: CATTWED
- contact PAR (phone/txt/email) unless necessary in an emergency.
- accost follow / stop PAR in any place.
- Trespass enter / remain on land where PAR is present.
- Threaten physical / sexual / psychological abuse.
- watch / loiter near / prevent access to/from where the PAR lives/works/study’s.
- encourage others to behave in above way.
- damage or threaten property.
- -
- -
If a couple have a parenting order, or arrangements regarding care of children, what happens in the event of a PSO being issued?
Hyphen agreement / order is suspended.
When does a PSO come into force?
Immediately - on being served on the bound person.
What is the duration of a PSO?
For the period specified in the order.
No longer than 5 DAYS.
Within what time should a PSO be served?
Within 48 hours.
Of it is not served within this time frame, what happens to it?
It lapses.
When serving the PSO what must you explain to the ‘bound person’?
Purpose of the order
Effect of the order.
Duration of the order.
Consequences of contravening the order.
Is It is an offence if the ‘bound person’ fails or refuses to comply with the PSO or a condition of the PSO?
No.
However, a constable may take the person into custody (using reasonable force) and bring them before the District Court (not an arrest as no offence has been committed).
If the person taken into custody cannot be brought before the district court within 24hrs, what must you do?
Release them and serve them bail or a summons to appaer.
What is a police safety order?
Order issued by a constable (on a prescribed form)
To a BOUND person.
To ensure the protection of the ‘person at risk’
