Police Powers And Responsibilities Act Flashcards

1
Q

What is the main law that explains police powers in QLD

A

The police powers and responsibilities act 2000.

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2
Q

Can police stop someone to ask questions?

A

Yes if they suspect you are involved in a crime

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3
Q

Do police need a reason to search your bag or pockets?

A

Yes they must have suspicion that you’re involved in a crime

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4
Q

When can police ask you to leave a public space?

A

Police can give you directions to move on if they believe you’re disrupting others, causing fear, or affecting the safety of the area.

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5
Q

Can police come into your house without permission?

A

Yes if they suspect a crime is occurring or to prevent harm

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6
Q

What should police show you if they want to give you a fine?

A

Police must issue an infringement notice

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7
Q

Do police have to tell you why they are arresting you?

A

Yes. Police must inform you of the reason unless it’s not practical at the time (when there’s immediate danger)

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8
Q

Can you ask to call someone if you are arrested?

A

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

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9
Q

What can police take from you if they think it’s part of a crime?

A

Police can seize property connected to a crime or if its evidence of an offense

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10
Q

Do police need to tell you their name and rank if you asked?

A

Yes, they must provide their rank, name, and station unless it risks safety or operational procedures.

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11
Q

Under what circumstances can seize your items or property

A

If the property is connected to a crime of evidence of an offense

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12
Q

Can police arrest someone without a warrant?

A

Yes Police can arrest someone without a warrant if they reasonably suspect the person has committed or is committing a crime.

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13
Q

What must police tell you if they are arresting you?

A

Police must tell you the reason for your arrest unless it’s not practical at the time (e.g., during immediate danger).

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14
Q

Do you have to give police your name and address if they ask?

A

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.

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15
Q

Can police search your car without a warrant?

A

Yes Police can search your car without a warrant if they reasonably suspect it contains evidence of a crime, stolen goods, drugs, or weapons.

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16
Q

Are police allowed to use handcuffs during an arrest?

A

Yes Police can use handcuffs if it’s necessary to ensure safety or prevent escape during an arrest.

17
Q

What should police provide if they seize your property?

A

Police must explain why they are seizing property and provide a receipt or written record for it if requested.

18
Q

Can police question a child without a parent or guardian present?

A

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.

19
Q

Do police have the right to take your fingerprints if you are arrested?

A

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.

20
Q

What happens if you refuse to comply with a lawful police direction?

A

Refusing a lawful direction can lead to arrest or charges, depending on the situation.

21
Q

Can police use a body-worn camera to record interactions with you?

A

Yes Police are allowed to use body-worn cameras to record interactions, and the footage may be used as evidence in court.

22
Q

Under what circumstances can police search your phone?

A

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.

23
Q

If police arrest you, what must they do before questioning you?

A

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).

24
Q

Can police take a DNA sample without your consent? If so, when?

A

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.

25
Q

Are you required to stay with police if they ask you for your details in a public place?

A

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.

26
Q

What conditions must be met for police to use a taser on someone?

A

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).

27
Q

Can police detain you without formally arresting you? If yes, for how long?

A

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).

28
Q

What is the maximum time police can hold you in custody without charging you?

A

The maximum time police can hold you without charging you is 8 hours, unless an extension is granted by a magistrate.

29
Q

Can police demand access to your phone or computer passwords?

A

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.

30
Q

Are police allowed to search a vehicle at a random breath testing (RBT) checkpoint?

A

Police cannot randomly search a vehicle at an RBT checkpoint unless they have reasonable suspicion of an offense (e.g., drugs or stolen goods).

31
Q

What is a police notice to appear, and when might it be issued instead of an arrest?

A

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.