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Police Safety Orders > PSOs > Flashcards

PSOs Flashcards

1
Q

What are PSOs?

A

Immediate orders issued by a qualified constable (or a constable authorised by a qualified constable)

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2
Q

What use do PSOs have for Police?

A

They are an additional tool when attending FV occurrences where you haven’t sufficient evidence of an offence.

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3
Q

Do orders need to be issued by the Court?

A

No - but they can be in some circumstances.

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4
Q

What are the immediate effects of a PSO?

A

Requires the person to:
* surrender any weapon in their control or any F/A licence held to any C.
*vacate any land or building occupied by that person (too bad if they own it or not)
Provides a cooling down period where the PAR has time and space to seek support and help - including applying for a PO if she wishes.

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5
Q

What are the longer effects of a PSO?

A

In addition to the immediate effects, the bound person must not:

  1. physically or sexually abuse the PAR
  2. threaten to do the above
  3. damage or threaten to damage PAR’s property
  4. engage in any behaviour (intimidation or harassment) that amts to psychological abuse of the PAR.
  5. encourage any person to engage in behaviour vs the PAR that w/b prohibited by the order.
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6
Q

What effect does the issuing of a PSO have on a parenting order that the bound person may be a party to?

A

it is suspended.

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7
Q

When can an authorised/qualified constable issue a PSO?

A

When a person who is or has been in a domestic relationship with another person he may issue the PSO if he:

    • does not K9 the bound person for an offence involving violence vs the PAR BUT
  • *has RGB that the issuing of an order is necessary to ensure the immediate safety of the PAR.
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8
Q

When can PSOs NOT be issued?

A

When the offender is k9’d for a FV offence (incl.intimidation, threatening behaviour or other psych abuse).
(in these cases bail conditions may be set which will serve the same purpose as a PSO)

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9
Q

Can a PSO be issued if the offender is subject to a Protection Order?

A

It is likely that behaviour complained of will constitute a breach of the PO - therefore try to K9 for the breach. If there is insufficient evidence to K9 for a breach, and the applicant is the PAR, then YES!!!!

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10
Q

When deciding whether it is necessary to issue a PSO, what factors should you consider?

A

The risk info collected in FVR forms and ODARA as well as:

  • whether it’s likely that the person has or is using DV va the person you believe to be at risk (as well as any other person with whom he has a domestic relationship
  • will use or again use DV vs PAR
  • the welfare of children living with PAR
  • the hardship that m/b caused if the PSO is issued.
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11
Q

What other factors (besides DV being used, welfare of kids or hardship) should you consider before issuing a PSO?

A
  • Previous dealings with Police
  • history of 1M
  • presence of drugs/alcohol or history of abuse of it
  • FV history
  • parenting, Protection or PSOs previously in place
  • propensity for violence.
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12
Q

When considering hardship for the purpose of a PSO, what should you consider?

A
  • Who will have the family car
  • who holds the family finances EFTPOS cards etc
  • the $$ ability for the bound person to find alternative accommodation & transport.
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13
Q

There is potential for continued risk to PAR despite a PSO being issued. When you’ve served an order, what other steps should you take with respect to BOTH parties?

A

Ensure that:

  • appropriate specialist support has been contacted for the PAR and that their immediate safety is assured.
  • support and a temporary place to live is available for the bound person.
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14
Q

How do you decide on the duration of the PSO?

A

Start with considering 24hrs and then factor in things like:

  • weekends and the PAR’s ability to access the Court (to seek a PO)
  • how long it will take for the family to access appropriate support services and make on-going arrangements for their safety.
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15
Q

Should you limit your safety considerations to those obvious at the time you attended the job?

A

No. Consider the risk to safety over the next hours or days.

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16
Q

Should the issuing constable follow up with the protected person within the duration of the PSO?

A

Yes - to see how things are and to check that the order has not been breached.

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17
Q

What is the first step when you are considering issuing a PSO?

A

Complete all enquiries to ID possible offences.
Where no offences are disclosed:
* complete the FV Form set (incl risk info forms and/or ODARA.
* consider if necessary to issue a PSO.

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18
Q

What is the maximum duration of a PSO?

A

5 days

19
Q

Is an acting Sergeant deemed to be a “qualified Constable”?

A

No. They have no formal appointment under s 63.

20
Q

What two ways can the ‘authorising constable’ document the discussion around the authorising of the PSO?

A
  1. By signing the completed Pol 1310 (if present with the issuing officer), or
  2. make a NB entry (‘decision record’) of the circumstances of their authorisation.
21
Q

How long can you detain a person you intend to issue a PSO to?

A

Up to 2 hours. (to allow you to obtain the necessary authority and to issue and serve the order.

22
Q

When does the 2 hour period commence?

A

When the C decides a PSO is necessary & seeks authorisation from a qualified C.

23
Q

If a person fails or refuses to remain at the place you have detained them, what can you do?

A

Arrest them w/o warrant.

24
Q

If you cannot issue and serve the PSO within the 2 hours (of detainment) what MUST you do?

A

Release them. You then have 48 hours to issue and serve the PSO on them. If not served within that time, the PSO will expire.

25
Q

When does the 48 hour period (to issue and serve the PSO) begin?

A

When the qualified C authorises the issuing of the PSO.

26
Q

What do you need to explain to BOTH parties involved in the PSO process?

A

Nature (purpose) ]
Duration ] of the order.
Effect (conditions) ]

27
Q

How do you get the PSO recorded in NIA?

A

Ring CRL on 0800 NZP PSO. The PSO alerts will be created automatically by the system.

28
Q

Should you also explain to the bound person the consequences of breaching the PSO?

A

Yes.

29
Q

What does the bound person have to do once served with the PSO?

A
  1. Immediate surrender all F/A or weapons in his control.

2. vacate the land/building occupied by the PAR.

30
Q

In terms of the file, what do you need to complete before the end of shift?

A
  • the Pol 1310 form set
  • ensure copies of the PSO are on the file
  • notify the FV co-ordinator.
31
Q

What are the three Alert types for PSOs?

A
  • Wanted for service of a PSO
  • PSO served
  • PSO breached
32
Q

If a wanted for service of a PSO alert exists and you find and serve the PSO, is the ‘served’ alert created automatically?

A

No. As the ‘Wanted for service’ automatically expires after 48 hours if no action is taken - or
will be expired automatically if the person IS found within 48 hours and a ‘PSO served’ alert is created manually. The issuing officer must then enter the alert expiry themselves in NIA.

33
Q

What are the two PSO breach alert types?

A
  1. “Breached and bound person taken into custody”.
    (you have 24 hours to make a complaint [file]) for an order (from the DC)
  2. PSO breached and bound person wanted.
    * You have 10 days from the time of any breach to bring the person into custody and b4 court.
    * will automatically expire either after the 10 days or when a complaint is laid
    * if a PSO is issued on court direction.
34
Q

Is the breach of a PSO an offence?

A

No - therefore the bound person can’t be k9ed. They can be taken into custody (using r. force) if they refuse or fail to comply with the order.

35
Q

If a person taken into custody can’t be brought before the court within 24 hours, what must you do?

A

Release them and serve them with a summons to appear (specific DV PSO summons)

36
Q

What powers does the court have to deal with breaches of a PSO?

A
  1. direct that another PSO be issued a.s.a.p..

2. adjourn the hearing so that a DCJ can consider if a temporary PO s/b issued.

37
Q

If a new PSO IS ordered by the court, the Police Prosecutor will arrange to have the court directed PSO issued by persons in which order?

A
  1. Court orderly;
  2. Constable from the nearest station)
  3. Prosecutor.
38
Q

In cases of PSO breaches going to court, who advises the PAR of the court’s decision?

A

Prosecutor. If PAR not at court, then the court orderly, constable or prosecutor must to try contact them to advise them of outcome. Failing this, ask the CRL to contact the person.

39
Q

What are the steps to be taken when using the CRL to advise a PAR of the court outcome?

A
  1. 3 attempts to telephone PAR within 1 hr
  2. send local unit and complete a 4Q follow up
  3. update NIA to record action taken.
40
Q

What should PSO breach cases (files) contain?

A
  1. Copy of PSO
  2. SoF
  3. Complaint (like a charging document)
  4. Pol 1310
  5. relevant NIA records
  6. NB entries
  7. 258
  8. whether the PAR is not opposed to a temporary PO being issued.
41
Q

If a person has had a PSO issued [say] for five days, are they deemed to still hold a firearms licence for that period?

A

No. Their licence is suspended for the duration of the PSO.

42
Q

If police retain any weapons surrendered to them following the issue of a PSO, do they have to return them after the suspension ceases to be in force?

A

Yes - unless there are circumstances where the weapon can be lawfully retained.

43
Q

As well as the DV Act provisions, police have power to independently consider if a person is ‘fit and proper’ to hold a F/A licence.

Where police receive a copy of a temporary PO where the respondent holds a F/A licence, what must the O/C station do?

A
  1. Arrange with an inspector or above to consider whether the powers relating to revoking a F/A licence s/b invoked. or
  2. Consider if s 18 S&S Act 2012 s/b exercised. Report must be made (S. 169) ASAP after this power is used. Policy states it should be done before going off shift.
44
Q

Should you consider consensual seizure of firearms until the FV matter is concluded in court?

A

Yes. Refusal to cooperate may be more evidence of his unfitness to hold a licence and that revocation is appropriate.

Police Safety Orders (1 decks)

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