PSO & PO Flashcards
Who issues a PSO?
Police
Who can issue a PSO?
An authorised constable -
Sergeant or higher
What are the lengths a PSO can be issued for?
24 hours to 10 days
What are the names for the 2 parties involved in the issuing of a PSO?
Bound person - offender
Person at risk - Victim
How long can you detain someone for the issuing of a PSO?
Up to 2 hours
How long do you have to SERVE a PSO?
48 hours
Can an acting sergeant authorise the issuing of a PSO?
No, only an actual sworn sergeant or above
If the bound person breaches the pso can they be arrested?
No, they can be detained and taken into custody if needed
What must the bound person do immediately once being served a PSO?
Immediately hand over any firearms and firearms license
Vacate the property
What are the court options for someone who has breached their PSO?
Nil
If the original PSO still stands continue with that
Court may consider issuing a temporary PO
May re issue another PSO
What must be explained to both the bound person and person at risk when going through the PSO process
The purpose of the PSO
Effect of the PSO
The duration of the PSO
Consequences of breaching
Who issues a PO?
The family court
What are the names for the 2 parties involved in the issuing of a PO?
Applicant
Respondent
What is a PO made for?
It aims to protect victims of family harm
What are the grounds for the court granting a PO?
They must be satisfied that the order is necessary for their protection
The respondent has inflicted or is inflicting FH against the applicant or applicants family (children)
Can the court refuse a request for a PO?
Yes, they have the overriding discretion to refuse or grant a PO
Can a PO be issued against a child?
Yes in special circumstances, the child must be over 16
What’s the difference between
With notice PO
And
Without notice PO
With notice - both parties go to court
Without notice - respondent is not present a may not be aware of the application for the PO
What are the 3 standard conditions of a PO?
No violence
No contact
No weapons
What are the differences between a breach between a PSO and PO?
PSO - No arrest made but may be taken into custody
PO - K9 can be made, and if so no police bail within 24 hours of K9
The applicant must be kept up to date with what’s happening and must be informed and have the opportunity to comment on bail conditions
Can someone be arrested for choosing not to remain for the 2 hours detention of issuing a PSO?
Yes it is an offence to remain or refuses to remain plus a $500 fine
This carries a power of arrest
What also must be
Can two people who live together be under a PO?
Yes
How soon after a PO being served on the respondent do they have to surrender firearms and license?
As soon as practicable but no later than 24 hours
Can a respondent of an PO be arrested for failing to surrender all firearms be arrested?
Yes, for breaching the conditions of the PO
Which section of the SASA relates to searches associated with arms?
Section 18 of the SASA
In section 18 of the SASA gives police what powers in relation to PO and PSO?
Enter a place or vehicle to search the person, search anything in the person’s possession to search for arms and seize and detain if found
If they have RGTS
That person is carrying arms or has them under their control and they have a PO or PSO in force against them
When someone has been detained for breaching a PSO what happens next?
If possible, they are to be brought before the court within 24 hours, if not possible (weekends, public holidays) must be released and served a summons
If someone fails to appear in court after they have been summoned after breaching a PSO, what happens?
A WTA is out out for them
If someone with a WTA for failing to appear in court for summons of breaching a PSO how long do we have to find them?
We have one month to find and bring them into custody
