Flashcards in Police Safety Orders Deck (16)
Who can issue a PSO?
Any constable can issue a PSO with the authorisation of a qualified constable (being the rank of sergeant and above).
Who is the bound person?
The bound person is the person against which the order is issued and are bound by the conditions outlined in the PSO
What does CRL stand for and what do they do?
CRL - Crime Reporting Line
Is a police operated service available to the public, they provide service to frontline staff in the recording of a PSO. All PSO’s requiring entry into NIA are done by CRL staff. So in the event of a PSO CRL need to be contacted.
What are some things to consider when deciding whether to issue a PSO?
There will be additional hardship on the family because of the PSO
The welfare of the children in the family
The person who the order is issued too is likely to cause violence
The person who the order will be issued against is likely to harm somebody else in a domestic relationship with them.
Do the police need permission to issue a PSO?
No, often this can be a good thing as it places the blame on the police and not the PAR.
Define the PAR - person at risk
The person named in the order, for who’s safety the order is issued.
Who cannot have PSO issued against them?
PSO cannot be issued against a child, a child in this act is a person under the age of 17 years. (It does not include those married, in a defacto relationship and with a civil union).
When and how long odes a constable have the power to detain in relation to PSOs
A constable intending to issue a PSO against any person may detain that person for up to 2 hours in order to issue the PSO, this can be at the address or at the police station (they must be given caution rights).
The purpose of the detention is often to...
Seek authorisation from qualified constable
Issue the order
Serve the order
Is there a power to arrest for failing to remain to issue the PSO? What is the penalty?
Yes, $500 fine or getting arrested and charged (the PSO no longer gets issued in this case).
What must a person who’s getting a PSO served on them surrender immediately?
Any firearms and their firearms license
Name a few things that the person issued with he order must not do.
Abuse the PAR in any way
Damage or threaten to damage property in any way
Encourage any other person to engage in negative behaviour against the PAR
Watch/loiter near, or prevent/hinder access to or from the place of residence, business or other institution attended by the PAR
Follow about or stop the PAR
Make contact with the PAR by any means (except in the case of an emergency)
What should you consider when setting the time frame of a PSO?
Start with 24 hours then adjust based on the individual circumstances. Maximum up to 5 days.
How long do you have to issue the PSO to someone not present at the time?
After 48 hours the order lapses, therefore efforts should be made to track that person down in that time. If called to the address again you have to repeat the process.
What MUST you do when serving a PSO?
Explain the purpose of the order
Duration of the order
Effect of the order
Consequences of contravening the order
What must be done in the case of a contravention against a PSO? How long can they be held?
That person should be tracked down or if necessary, Aquire a warrant to arrest, and take them in to custody to appear before the district court. They must be released and served within 24 hours otherwise issued with a summons.