Police Powers And Responsibilities Act Flashcards
What is the main law that explains police powers in QLD
The police powers and responsibilities act 2000.
Can police stop someone to ask questions?
Yes if they suspect you are involved in a crime
Do police need a reason to search your bag or pockets?
Yes they must have suspicion that you’re involved in a crime
When can police ask you to leave a public space?
Police can give you directions to move on if they believe you’re disrupting others, causing fear, or affecting the safety of the area.
Can police come into your house without permission?
Yes if they suspect a crime is occurring or to prevent harm
What should police show you if they want to give you a fine?
Police must issue an infringement notice
Do police have to tell you why they are arresting you?
Yes. Police must inform you of the reason unless it’s not practical at the time (when there’s immediate danger)
Can you ask to call someone if you are arrested?
Yes, if you’re arrested you have the right to call your lawyer or a friend/family member unless it risks evidence being destroyed or puts someone in danger
What can police take from you if they think it’s part of a crime?
Police can seize property connected to a crime or if its evidence of an offense
Do police need to tell you their name and rank if you asked?
Yes, they must provide their rank, name, and station unless it risks safety or operational procedures.
Under what circumstances can seize your items or property
If the property is connected to a crime of evidence of an offense
Can police arrest someone without a warrant?
Yes Police can arrest someone without a warrant if they reasonably suspect the person has committed or is committing a crime.
What must police tell you if they are arresting you?
Police must tell you the reason for your arrest unless it’s not practical at the time (e.g., during immediate danger).
Do you have to give police your name and address if they ask?
You must give your name and address if police lawfully ask for it (e.g., if they suspect you’re involved in a crime). Refusing or giving false details can lead to a fine or arrest.
Can police search your car without a warrant?
Yes Police can search your car without a warrant if they reasonably suspect it contains evidence of a crime, stolen goods, drugs, or weapons.
Are police allowed to use handcuffs during an arrest?
Yes Police can use handcuffs if it’s necessary to ensure safety or prevent escape during an arrest.
What should police provide if they seize your property?
Police must explain why they are seizing property and provide a receipt or written record for it if requested.
Can police question a child without a parent or guardian present?
Police can question a child but must take special precautions. Usually, a parent, guardian, or an independent adult must be present for the questioning to be lawful.
Do police have the right to take your fingerprints if you are arrested?
Yes Police can take your fingerprints if you are arrested for an offense, but there are rules about how and when they can do it.
What happens if you refuse to comply with a lawful police direction?
Refusing a lawful direction can lead to arrest or charges, depending on the situation.
Can police use a body-worn camera to record interactions with you?
Yes Police are allowed to use body-worn cameras to record interactions, and the footage may be used as evidence in court.
Under what circumstances can police search your phone?
Police can search your phone if they have a warrant or if they reasonably suspect it contains evidence related to a crime. They cannot search it just for proof of ID.
If police arrest you, what must they do before questioning you?
Before questioning you, police must:
Inform you of the reason for arrest.
Tell you that you have the right to remain silent.
Allow you to contact a lawyer or support person (unless there’s a risk of evidence being destroyed or harm to someone).
Can police take a DNA sample without your consent? If so, when?
Police can take your DNA without consent if they have a court order or, in some cases, reasonable suspicion that it’s necessary for the investigation of a serious offense.
Are you required to stay with police if they ask you for your details in a public place?
No you’re free to leave unless under arrest. You must provide your details if lawfully asked, but you are not detained simply for giving your name and address.
What conditions must be met for police to use a taser on someone?
Police can use a taser if:
Reasonable force is insufficient to control the situation.
There’s an immediate threat to safety (e.g., the person is armed or violent).
Can police detain you without formally arresting you? If yes, for how long?
Police can detain you for questioning without arresting you, but the time limit is 8 hours, with a maximum of 4 hours for questioning (extensions need approval).
What is the maximum time police can hold you in custody without charging you?
The maximum time police can hold you without charging you is 8 hours, unless an extension is granted by a magistrate.
Can police demand access to your phone or computer passwords?
Police can demand access to your phone or computer passwords if they have a court order under laws like the “Search Warrant” or “Digital Evidence Access” provisions. Refusing may result in penalties.
Are police allowed to search a vehicle at a random breath testing (RBT) checkpoint?
Police cannot randomly search a vehicle at an RBT checkpoint unless they have reasonable suspicion of an offense (e.g., drugs or stolen goods).
What is a police notice to appear, and when might it be issued instead of an arrest?
A notice to appear is a formal document requiring you to attend court. It’s issued as an alternative to arrest for less serious offenses.
