rights and responsibilities of police Flashcards
What is the legislation that gives police their powers?
Police Powers and Responsibilities Act 2000 (QLD)
When can police search properties?
They must obtain permission from the person possesing the property. If permission is denied they must obtain a warrant.
They can conduct an emergent search if they suspect someone is endangered inside or evidence will be losy
When can police search a person?
They can search someone without a warrant if they have reasonable suspicion that a person has weapons, drugs, etc
They must limit embarrassment and searches must be conducted by an officier of the same gender.
When can police search motor vehicles?
They can search a vehicle if they have a reasonable suspicion, even without a warrant.
Who can carry out forensic procedures?
Any qualified person such as doctors, nurses or dentists. If a person refuses to give consent police must obtain a forensic procedure order.
Who can take DNA samples?
Doctors or nurses can take them or police can if they have the relevant training.
When can police arrest and detain people?
After an arrest warrant has been issued. In some cases without a warrant.
When can police arrest without a warrant?
- to prevent the continuation of an offence
- to prevent interference with a person who may give evidence
- to prevent the fabrication of evidence
- to preserve safety and welfare in domestic violence offences
When can police detain someone for questioning?
If they have a reasonable suspicion that the person has committed an indictable offence.
What are the safeguards that protect the person being questioned?
- time limits for questioning
- right to communicate with a friend, relative or lawyer
- special provisions for questioning children, ATSI people and intoxicated people
- right to an interpreter
- right of the person to be electronically recorded
What is the pursuit policy in Queensland?
the no pursuit policy - officers must not pursue without good reason
When does a pursuit exist?
if an officer in a police vehicle gives a direction to the driver of another vehicle to stop and the vehicle fails to stop as soon as reasonably possible
What is section 754?
fail to stop and evade
- it is an offence to not stop as soon as reasonably practical upon receiving directions from the police
- max penalty is a $22,000 fine or 3 years imprisonment
- mandatory licence disqualification of 2 years
What are pursuable matters?
police can pursue if:
- the giver will create an imminent threat to life
- they have or may commit an act of unlawful homocide
- has issued threats to kill any person and has the capacity to carry out that threat
- has committed an indictable offence prior to the intercept attempt
What are non pursuable matters?
- licence, vehicle or street checks
- routine traffic checks where no other offence exists except failure to stop
- random breath tests
- all simple offences
- indictable offences based on officer instinct alone without supporting evidence
