Being Arrested or Questioned by Police
The law dealing with arrest and interrogation in Queensland is complicated. It is designed to strike a proper balance between individual rights on the one hand, and the community’s need for effective law enforcement on the other.
Situations where a person’s rights are not observed are common, and it is difficult to do anything about this. The best way to make sure your rights are observed is to know what they are and to speak out if a problem arises. Remember, many people are convicted because of admissions they have made to police. Anything you say to the police may be used by them, even if you are not formally interviewed.
Your rights and obligations when dealing with the police
When dealing with the police you do not have to:
- answer any questions or make any statements.
- go to a police station unless you have been arrested (taken into custody) and have been told what you will be charged with;
- participate in an identification line-up;
- undergo a forensic procedure unless a court orders you to do so.
You have the right to make a telephone call to a friend and a lawyer from the police station. The police have the power to take your fingerprints if they believe you have committed a serious offence and you are aged 15 or over. If you are aged from 10 to 14, the police need a court order. You must give your name and address if the police ask you. The police must tell you their reason for asking, and give their name, rank and place of work if you ask for it.
Arrest without warrant
The powers of arrest are set out in the Police Powers and Responsibilities Act. You can be arrested and taken to a police station to be questioned if the police think that you have committed a crime. A person should only be arrested if it is necessary to:
- ensure the appearance of the offender in court;
- to preserve public order;
- to prevent the continuation or repetition of the offence; or
- for the safety or welfare of the public or the offender.
The police do not have to arrest a person found committing an offence, if they believe the case can be dealt with by a Notice to Appear. A Notice to Appear is a notice, issued by the Police, telling a person that they must go to court on a specified date.
If you identify as an Aboriginal or Torres Strait Islander, then under their operating procedures, the police must notify, or attempt to notify a representative from a legal aid organisation. This ensures that you have access to support and legal representation.
Arrest by warrant
Arrests by warrant are the exception rather than the rule. The warrant names the person to be arrested and should be read and shown to that person at the time of arrest. It does not have to be handed to the person. A warrant is normally used in situations where a person on bail or summons has failed to attend court as required, there is a hunt for an offender, or in the case of an escapee from prison.
How long can I be detained?
There is no specified amount of time the police can detain you. The law says you must be either released on bail or brought before a judge within a reasonable time. What a “reasonable time” is will depend on the facts of each particular case. A number of factors determine how long this may be including the time needed to bring you to the court; the number of offences and how complicated they are; time you spend talking to a lawyer, friend, relative or an independent third person; and time spent while you receive medical attention.
Being searched
Police can only search you or your car if they have reasonable grounds to suspect they will find illegal drugs, weapons or stolen goods OR to preserve evidence. For any other purpose they will need a search warrant.
Police can search a house without a warrant if they believe they will find someone who has committed a serious indictable crime or who has escaped custody. If police come to your house to search, ask to see the warrant.
17 years and Under
In Queensland, 17 year olds are treated as adults by the criminal justice system. See juvenile offences for information relating to offenders under the age of 17 years.
People with a disability
The legal system often has difficulty in dealing with people who have disabilities, particularly where those disabilities involve some form of mental impairment. If a person with a mental illness or intellectual disability has been charged with a crime, specific laws and procedures may be available from the time of the police interview to sentencing. Police are required to have an Independent Third Person present when interviewing a suspect who has a psychiatric or intellectual disability. If you have questions about how someone with a disability has been treated, you should speak to one of our lawyers.
Making a complaint about police behaviour
Ask one of our lawyers to help you if you want to make a complaint against the police. Write down everything that happened as soon as possible, including the names of police, the time and date. If you have been hurt see a doctor as soon as possible and make sure you take photographs of your injuries.
If you have any questions or would like to speak with one of our solicitors, please contact us.
