Getting questioned, arrested and charged
Part of the Crime topic
Understand what getting questioned, arrested and charged by police means in Queensland.
On this page
In short
Police have the authority to stop, question, arrest and charge you in Queensland. This guide will help you understand what the police and your rights and responsibilities are, so you don’t break the law.
Getting stopped while driving
Police can stop and pull your car over for a legal reason at any time, such as for a random breath alcohol or drug test, or to enforce transport or drug laws. You must stop as it’s an offence if you don’t comply and you may be charged.
You'll be asked to show your licence. Police may ask for your name and address, and you will need to provide this information. You can refuse to answer any other questions.
Getting questioned
You have the right to remain silent and not answer any questions.
Police have the right to ask for your name and address, including when they:
- find you committing an offence
- reasonably suspect that you have committed an offence
- think you can help them investigate an incident
- give you an order to stop making noise or being a nuisance
- stop you while you are driving
- are enforcing specific laws.
You will be warned it’s an offence, and you could be charged if you refuse to give your name and address, and you have no reasonable excuse for refusing.
Giving a false name or someone else’s name could result in more serious charges.
If you don't want to answer questions and you're not sure whether you must answer, get legal advice.
You’re allowed to ask the police why they want information. The asking officers must give you their names, rank and station. If not in uniform, they must show you their identity cards or some other proof of identity.
Getting searched
- Property search and enter
- Personal frisk and strip search
Police do not have the power to search you and your property. They can search you or your belongings only if:
- you consent to the search
- they have a search warrant
- a law specifically allows them to conduct the search; these powers are limited and apply only in certain circumstances.
Property search and enter
Police can’t damage any property unless a supreme court judge has allowed this in the warrant. If police damage your property during a search, you won’t necessarily be compensated, especially if the warrant allows forced entry, or police find drugs or other evidence of an offence during the search.
Police can enter your property without your consent when:
- handing over or serving a legal document
- the circumstance is urgent, such as when a person has been seriously injured or is about to be harmed
- investigating a traffic offence for example, to take a breath test for alcohol
- chasing someone who has escaped from prison or from being arrested
- searching for evidence if they reasonably suspect it may otherwise be hidden or destroyed
- arresting someone
- getting to a crime scene
- detaining someone under an anti-terrorism ‘preventative detention order’—if they reasonably believe that the person they’re looking for is on your property.
Personal frisk and strip search
Police can search your bags, pat down, or frisk your outer clothing and feel through your clothes for concealed items. While searching you, police must:
- respect your dignity
- cause minimal embarrassment
- limit a public search to a frisk search, if possible
- conduct more thorough searches away from public view, if possible
- have a police officer of the same sex conduct the search, unless an immediate search is required. Alternatively, a doctor may conduct the search.
In a strip search, you remove your clothes so the police can search you. This doesn’t mean that police are allowed to search your body cavities.
- They must respect your privacy during the search.
- Police can’t improperly touch you during the search.
- They must tell you why the search is necessary.
- Police must conduct a strip search as quickly as possible and allow you to dress as soon as possible after they have finished.
Getting arrested
There are usually 3 steps to an arrest:
- The police officer states that you are under arrest or uses similar words.
- The police officer states the reason for the arrest.
- You voluntarily surrender to the officer’s control or are physically subdued by the officer.
Then you’re taken into custody such as a police station or watch house for processing.
Police can arrest you (or a child) with or without a warrant if they reasonably suspect you have committed or are committing an offence. You may be arrested to:
- stop you completing or repeating an offence
- establish your identity
- ensure that you come to court
- protect you or another person
- stop you running away
- preserve evidence, stop you from making up or destroying evidence, or stop you from interfering with witnesses
- stop you disobeying a police direction, or assaulting or obstructing a police officer
- stop you breaching a domestic violence protection order.
If you’re injured by police during an arrest, see a doctor to record the injuries and obtain legal advice immediately. You should also photograph any visible injuries.
Once you’re in custody, police can:
- search you and your belongings
- take property from you
- take particulars, including palm prints, fingerprints, handwriting samples, voiceprints, footprints, photos of tattoos and scars, body measurements and DNA samples
- keep you in custody until you go to court, where you can then apply for bail
- let you go:
- without charging you
- after charging you and giving you a court date, after you sign a bail agreeing to go to court on a future date
- requiring a surety, for example an amount of money, a passport, pending the situation and/or charge, as each matter is different
- after giving you a notice to appear in court on a future date.
Getting charged
Police can hold you for up to 8 hours in custody but can only question you for up to 4 hours. They can apply to a magistrate to extend the period to 12 hours.
The police must release you if they don’t have enough evidence to charge you.
You may be:
- released from custody without a charge
- charged and issued a notice to appear in the Magistrates Court
- charged and released on bail
- held at the watch house until your court hearing.
If the court refuses bail, you will be held in police custody until one of the following occurs:
- you are granted bail
- the charge against you is dropped
- you are found not guilty
- you are sentenced to a penalty other than imprisonment.
If you are held in custody, the police will usually transfer you to a remand centre within 2 weeks.
Queensland remand centres are: