PSO's

Question 1

What is a police safety order?

Answer 1

Order issued by a constable (on a prescribed form)
To a BOUND person.
To ensure the protection of the ‘person at risk’

Question 2

Who can issue a PSO?

Answer 2

Any constable - if authorised by sgt or above.

Question 3

Who is the bound person?

Answer 3

The person against whom the order is issued.

Question 4

What are the 4 options available to police when attending a family violence incident?

Answer 4

• 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).

Question 5

When completing a risk assessment form, prior to issuing a PSO, what else must you consider?

Answer 5

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.

Question 6

What other info might you consider before issuing a PSO?

Answer 6

• previous interactions with police.
• history of mental illness.
• presence / history of intoxication.
• propensity for violence.
• protection orders / PSO’s already in place.

Question 7

Do police need the consent if the ‘person at risk’ to issue a PSO?

Answer 7

No. Also Avoids blame being issued at the person for police action.

Question 8

Who cannot have a PSO issued against them?

Answer 8

A child (under 17 - not including married / de-facto).

Question 9

How long can a Constable intending to issue a PSO against a person, detain that person?

Answer 9

Two hours

Either at police station or at address

Question 10

What is the purpose of two hours detain?

Answer 10

Sufficient time to:

Seek authorisation from a qualified constable (Sgt)
Issue the order.
Serve the order.

Question 11

What can police do if a person fails or refuses to remain at the place where they have been detained?

Answer 11

Arrest - even if PSO isn’t ultimately issued.

Question 12

If a PSO is issued, what must the bound person immediately surrender to a constable?

Answer 12

Any weapon (possession or control)
Any firearms licence (deemed suspended when PSO issued).

Question 13

What else must a bound person do?

Answer 13

Vacate any land occupied by person at risk (regardless of whether they have legal interest in the land).

Question 14

What other conditions are in the PSO?

Answer 14

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.

Question 15

If a couple have a parenting order, or arrangements regarding care of children, what happens in the event of a PSO being issued?

Answer 15

Hyphen agreement / order is suspended.

Question 16

When does a PSO come into force?

Answer 16

Immediately - on being served on the bound person.

Question 17

What is the duration of a PSO?

Answer 17

For the period specified in the order.

No longer than 5 DAYS

Question 18

Within what time should a PSO be served?

Answer 18

Within 48 hours.

Question 19

If it is not served within this time frame, what happens to it?

Answer 19

It lapses.

Question 20

When serving the PSO what must you explain to the ‘bound person’?

Answer 20

PECD (Peck-Deck)
Purpose of the order
Effect of the order.
Duration of the order.
Consequences of contravening the order.

Question 21

Is it is an offence if the ‘bound person’ fails or refuses to comply with the PSO or a condition of the PSO?

Answer 21

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).

Question 22

If the person taken into custody cannot be brought before the district court within 24hrs, what must you do?

Answer 22

Release them and serve them bail or a summons to appear.