PSO's Flashcards

1
Q

Why do you issue a PSO?

A

If you believe it is necessary to prevent family harm or an offence to take place and there is not enough evidence to arrest for FH offence

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2
Q

Conditions of a PSO

A
Must surrender weapons and firearms
must not:
- physically or sexuall abuse PAR
- threaten to do the above
- Damage or threten to damage property
- engage or threaten intimidating behaviour
encourage others to do above
- watch or loiter
- follow or accost
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3
Q

Identify the maximum duration of time a PSO may be issued for?

A

10 days

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4
Q

Define qualified constable?

A
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5
Q

What is the power to detain in relation to PSO and restrictions on that power?

A

43 (2) and you may use any force reasonable

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6
Q

Is consent required from the Person at risk to issue a PSO?

A

NO

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7
Q

How long do you have to issue the PSO before it lapses?

A

48 hours

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8
Q

What info must be provided to the bound person?

A

purpose of the order.
• effect of the order.
• duration of the order.
• consequences of contravening the order.

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9
Q

What action do you take when a breach of PSO occurs?

A

You take the bound person into CUSTODY

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10
Q

Explain the summonsing process if someone remains in custody for 24 hours after being taken into custody for breaching a PSO

A

If the person who has been taken into custody can’t be brought before the
District Court within 24 hours, they must be released and served with a
summons to appear before the District Court.
If the person who has been served with a summons fails to appear. The
District Court may issue a warrant to arrest that person to bring them before
the Court.

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11
Q

What options are open to the court when dealing with a PSO breach?

A

Issue a PO

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12
Q

When can you arrest someone for breaching a PSO?

A
  • fail to remain at a place they are detained while waiting on the PSO to be issued
  • Breach you can apply to the court for a warrant
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13
Q

How long can police detain a person in custody before issuing a PSO?

A

2 hours

time to obtain authorization, issue and process the order

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