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Police Powers and Responsibilities Act 2000 – 9 December 2016

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Police Powers and Responsibilities Act 2000 – 9 December 2016

Police Powers and Responsibilities Regulation 2012 – 1 July 2016

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A police officer may enter a place and stay for a reasonable time on the place to inquire into or investigate a matter. However, if the place contains a dwelling, the only part of the place a police officer may enter without the consent of the occupier is the part of the place that is not a dwelling.

  • Sections 19, 20

A police officer may enter the dwelling without the consent of the occupier to arrest or detain a person only if the police officer reasonably suspects the person to be arrested or detained is at the dwelling.

  • Section 21

A police officer may search a person/vehicle where they reasonably suspect the person/vehicle possesses or contains an unlawful dangerous drug, stolen property, housebreaking implement, dangerous drug implement, etc.

  • Sections 29, 30, 31, 32

A person commits an offence where they organise an event which becomes an out-of-control event. An event may be an out-of-control event where 12 or more persons are gathered together at a place and 3 or more persons associated with the event engage in out-of-control conduct at or near the event. It is a defence to the offence for a person to prove they took reasonable steps to prevent the event becoming an out-of-control event e.g. hiring security, ending the party when uninvited people arrive.

  • Sections 53BB, 53BC, 53BD, 53BH, 53BK, 53BL, 53BM, 53BN

A motor vehicle may be impounded, immobilised or forfeited by the police where a prescribed offence is committed. A speed trial, race, burn out, use on a road of a vehicle that is not registered, high intoxication drink driving, excessive speeding, etc may lead to this outcome. Note: Where a vehicle is impounded, the owner/usual driver may apply in the approved form to the government for release of the motor vehicle on the basis the person would suffer severe hardship if the vehicle was not released. Alternative applications may also be made where: the offence happened without the consent of the owner, the circumstances giving rise to the offence have been rectified or there were no reasonable grounds for the course of action taken.

  • Sections 3, 69, 69A, 70, 71, 71A, 72, 74, 74A, 74B, 74C, 74D, 74E, 74F, 74J, 74K, 74L, 74M, 76, 78, 79, 79A, 79B, 79C, 79D, 79E, 79F, 79G, 79H, 79I, 103, 106A, 111, 112, 113, 118A, 121, 121A, 123, Schedule 6; Regulations 19, 19A, 20

Motorbikes may be impounded (and later forfeited) where a noise offence is committed. If such action will cause financial or physical hardship to an owner/usual driver, community service may be a substitute end result. It is a defence for an owner of the motorbike to prove that a noise offence happened without the knowledge and consent of the owner.

  • Sections 80, 81, 82, 83, 84, 102, 103, 106, 107, 109, 111, 112, 113, 123

A police officer may sign a towing authority for the vehicle where the owner is away from the vehicle or is incapacitated.

  • Section 129

The police officer may give a written direction requiring stated action about an animal or its environment (where there is reasonable suspicion the animal is not being cared for properly, is experiencing undue pain, requires veterinary treatment, etc).

  • Sections 3, 142, 143, 144, 147, Schedule 6

It is lawful for a police officer, without warrant, to arrest an adult the police officer reasonably suspects has committed or is committing an indictable offence or other offence if it is reasonably necessary to prevent the continuation or repetition of an offence or the commission of another offence, to preserve the safety or welfare of any person, etc.

  • Sections 365, 392, 393, 394, 635, 637

A police officer may apply to a justice for a warrant to arrest a person for an offence. If a warrant has issued, the person named in the warrant may be arrested.

  • Sections 369, 370, 371, 372, 392, 393, 394, 395, 635, 637, 638

It is the duty of a police officer to release an arrested person at the earliest reasonable opportunity if the person is no longer reasonably suspected of committing the offence for which the person was arrested. An arrested person is also to be released where the police officer considers there is not enough evidence to bring the person before a court on a charge of the offence. A person arrested for being drunk in a public place, may be released to a place of safety. A person arrested for a minor drugs offence who admits to having committed the offence may be offered the opportunity to attend a drug diversion assessment program. A child arrested for a graffiti offence who admits to having committed the offence may be offered the opportunity to attend a graffiti removal program. Note: If an adult is released under section 378 (drunk in public place) or 379 (minor drugs offence) before appearing in a court in relation to the offence, any proceeding against the person for the offence is discontinued even though the person may have been charged with having committed the offence.

  • Sections 3, 376, 377, 378, 379, 379A, 380, 394, Schedule 6

A police officer may issue and serve a notice to appear (before court) on a person if the police officer reasonably suspects the person has committed or is committing an offence. This process is an alternative to arrest.

  • Sections 382, 383, 384, 386, 387, 388, 389, 392

A police officer who reasonably suspects an adult person is intoxicated, and the person is behaving in a way the police officer reasonably suspects— (i) constitutes a nuisance offence or (ii) poses a risk of physical harm to the person or another person; and the behaviour is in a public place located in a prescribed safe night precinct; the police officer may detain and transport the person to a sober safe centre. When detained, the manager of the centre must give the person a reasonable opportunity to contact a responsible person as soon as reasonably practicable. A person who is admitted to a sober safe centre is liable to pay a cost recovery charge to the government. For the definition of ‘nuisance offence’, refer to the Schedule 6 dictionary. For the prescribed ‘safe night precincts’, refer to regulation 20E of the Police Powers and Responsibilities Regulation 2012.

  • Sections 3, 390A, 390D, 390E, 390F, 390H, 390J, 390L, 390M, 390MA, Schedule 6; Regulations 20E, 20F

A police officer who arrests a person, whether or not under a warrant, must, as soon as is reasonably practicable after the arrest, inform the person that the person is under arrest and of the nature of the offence for which the person is arrested.

  • Section 391

A police officer may detain a person for a reasonable time to investigate, or question the person about an indictable offence (but generally not more than 8 hours).

  • Sections 403, 404, 405, 406, 407, 410; Regulation 28, Schedule 9 (code provision 33)

A police officer who is questioning a suspect about an indictable offence must generally not obtain a confession by threat or promise.

  • Sections 414, 415, 416

Before a police officer starts to question a suspect for an indictable offence, the police officer must inform the person he or she may: (a) telephone or speak to a friend or relative to inform the person of his or her whereabouts and ask the person to be present during questioning; and (b) telephone or speak to a lawyer of the person’s choice and arrange, or attempt to arrange, for the lawyer to be present during the questioning. If a lawyer arrives, the suspect may ask to talk to their lawyer in private. An Aborigine/Torres Strait Islander/child/person with impaired capacity may only be questioned in the presence of a support person (as defined in the Schedule 6 dictionary). It is open during questioning for a lawyer to advise the suspect not to answer any question or any further question.

  • Sections 3, 418, 419, 420, 421, 422, 424, 425, 426, 427, 428, 429, 430, 441, Schedule 6; Regulation 28, Schedule 9 (code provisions 23, 25, 34)

Questioning of an intoxicated suspect for an indictable offence is to be delayed until the alcohol or drug no longer affects the persons’ ability to understand his or her rights and to decide whether or not to answer questions.

  • Section 423

A police officer must caution a suspect for an indictable offence before commencing questioning.

  • Section 431; Regulation 28, Schedule 9 (code provision 26)

A relative, friend or lawyer of a suspect may ask the police for information about the person’s whereabouts.

  • Sections 432, 441; Regulation 28, Schedule 9 (code provision 27)

A suspect unable to speak English with reasonable fluency is to be provided with an interpreter for police questioning.

  • Sections 433, 440; Regulation 28, Schedule 9 (code provision 28)

A suspect for an indictable offence who is a foreigner is to be informed by the police that he or she may telephone, or attempt to telephone, the embassy or consular office of the country of which the person is a citizen.

  • Sections 434, 441; Regulation 28, Schedule 9 (code provision 29)

The police must give a written copy of a record of a confession or admission to the suspect for an indictable offence as soon as practicable after making the record. Copies of electronic recordings of questioning, confession or admission must be provided to the suspect or their lawyer generally within 7 or 14 days (depending on the type of media used for the recording).

  • Sections 437, 438

A person may make a complaint, including an anonymous complaint, to a police officer about noise emitted from a place. Upon investigation, the police may issue a noise abatement direction to the person responsible for the noise.

  • Sections 3, 576, 577, 578, 579 580, 581, Schedule 6

A police officer may give a police banning notice to an adult, that prohibits the person from entering or remaining in stated licensed premises, a stated class of licensed premises, a public place located in a safe night precinct, etc. Note: For an interview review process for the notice, refer to section 602N of the Act.

  • Sections 602A, 602B, 602C, 602D, 602E, 602G, 602H, 602J, 602K, 602L, 602M, 602N, 602O

A person subjected to an enforcement act may ask the police for a copy or printout of the information recorded in relation to the act. Note: A three year time limit applies. For the definition of ‘enforcement act’, see Schedule 6 of the Act.

  • Sections 3, 677, 678, 681, 682, Schedule 6; Regulation 28, Schedule 9 (code provisions 44, 45, 46, 47, 48, 49, 50, 51, 52, 53)

An application may be made to the police for the release of seized property/handed in lost property (after at least 30 days have passed).

  • Sections 686, 690, 692, 693, 695, 696

Failure to stop a motor vehicle when directed by the police is an offence. A conviction will result in a 2 year licence disqualification. The offence may result in the impoundment/forfeiture of the motor vehicle. If such action will cause ‘severe financial hardship’ to an owner/usual driver, community service may be a substitute end result. In a proceeding for an impounding order or a forfeiture order, it is a defence for an owner of the vehicle to prove that the offence happened without their knowledge and consent.

  • Sections 746, 751, 752, 754, 758, 759, 762, 767, 768, 770, 772, 774, 778, 779, 786, 788

The owner of stock may apply to a Magistrates Court for an order (‘a forced muster order’) for the mustering and removal of stock from a place managed or controlled by a person other than the owner. Note:  The owner must, at least 28 days before the hearing of the application, give a copy of the application to: (a) the police by registered post; and (b) the person managing or controlling the place, unless it is impracticable to do so. An application must be accompanied by 1 or more affidavits set out in section 789AB of the Act. For the definition of ‘stock’, refer to the Schedule 6 dictionary.

  • Sections 3, 789AA, 789AB, 789AC, 789AD, 789AE, 789AF, 789AG, 789AH, Schedule 6

A person must not assault or obstruct a police officer in the performance of the officer’s duties.

  • Section 790

The code of responsibilities of police officers is set out in Schedule 9 of the Police Powers and Responsibilities Regulation 2012.

  • Regulation 28
Reason for law

To provide powers necessary for effective modern policing and law enforcement. (Section 5)

Relevant links

Queensland Police Service

Police Station Locator

Forms

Operational Policies

Online Crime Statistics

Register an Event

Public Notices [lost property, impounded vehicles]

Client Service Survey

Justice Mediation

Police ethics publications [Crime and Corruption Commission]
Police powers and practice publications [Crime and Corruption Commission]
Use of force publications [Crime and Corruption Commission]

Crime Stoppers – Queensland

Neighbourhood Watch Queensland

Police resources [Mindframe]

Interpol
Notices

Media articles

Police pursuits: when does the end justify the means?

Banning orders won’t solve alcohol-fuelled violence – but they can be part of the solution

‘Brain fingerprinting’ may soon serve NZ justice

Naming suspects in criminal cases opens up ethical minefield

Critique

Section 4: notes forming part of an Act is not common for Acts of Parliament.

Sections 125 and 138 reference the ‘Brisbane Forest Park Act 1977’ which has been repealed.

Sections 276 and 320 currently do not contain any content.

Section 810 and Schedule 4 contain information on Act renumbering. This is not common for Acts of Parliament.

Suggested further reading

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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