criminal investigation processes and police powers in Queensland

What this dot point is asking

QCAA wants you to know the core powers Queensland police have to investigate crime, the safeguards on those powers, and how the bail decision is made. Expect a 3-5 mark short response.

The answer

Police Powers and Responsibilities Act 2000 (Qld)

The Police Powers and Responsibilities Act 2000 (Qld) (PPRA) is the main statute governing Queensland police powers. It codifies and limits the powers police can exercise. Key provisions:

• s 29. Power to require name and address from a person reasonably suspected of having committed an offence.
• s 32. Power to stop, detain and search a person (with reasonable suspicion).
• s 60. Searches of motor vehicles.
• s 198. Arrest without warrant where the police officer reasonably suspects the person has committed or is committing an offence.
• s 365. Use of reasonable force.
• Chapter 15. Investigation and questioning of suspects.

The right to silence

A suspect in Queensland has the right to silence at common law and is supported by the Human Rights Act 2019 (Qld) s 32(2)(k). The standard caution is given before questioning. Section 397 of the Police Powers and Responsibilities Act 2000 (Qld) requires police to inform the person of their right to remain silent before questioning.

Detention and questioning

Once arrested, a person may be detained for a reasonable investigation period. The detention period under the Police Powers and Responsibilities Act 2000 (Qld) ch 15 is generally up to 8 hours (with up to 4 hours actual questioning), extendable by application to a magistrate. Suspects must be given access to a friend, relative or lawyer (s 418).

Bail

Bail is governed by the Bail Act 1980 (Qld). The bail decision is made by a police officer immediately after arrest (or by the court at first appearance).

The unacceptable risk test

Section 16 of the Bail Act 1980 (Qld). A court must refuse bail if there is an unacceptable risk that the accused will fail to appear, commit an offence while on bail, endanger any person, or interfere with witnesses.

Show cause offences

Section 16(3) of the Bail Act 1980 (Qld). Where the accused is charged with a "show cause" offence (defined to include serious indictable offences such as offences against the person, drug trafficking and offences allegedly committed while on bail), the accused must show cause why their detention is not justified.

Bail conditions

The court may impose conditions to mitigate risk: surety, residence, reporting, exclusion from areas, electronic monitoring (s 11).

Recent Queensland reforms

The Bail (Domestic Violence) and Another Act Amendment Act 2023 (Qld) introduced new safety conditions for domestic violence offences. The Strengthening Community Safety Act 2023 (Qld) added new show cause categories for serious repeat offending. Both reforms have been criticised by the Aboriginal and Torres Strait Islander Legal Service (Qld) and the Queensland Council for Civil Liberties for likely disproportionate impact on Aboriginal and Torres Strait Islander accused.

Indigenous over-representation

Aboriginal and Torres Strait Islander people are over-represented at every stage of the Queensland criminal justice system. The Queensland Productivity Commission Imprisonment and Recidivism Final Report (2019) and successive Closing the Gap reports document the persistent over-representation. Multiple Coroners' inquests into deaths in custody have made findings on inadequate cell checks and other systemic issues.

Human rights framework

The Human Rights Act 2019 (Qld) requires public entities (including the Queensland Police Service) to act compatibly with listed human rights, including the right to liberty (s 29), the right to humane treatment of detainees (s 30), the rights of accused persons (s 32) and the right to a fair trial (s 31). Where a police officer exercises a power in a way that limits a human right, the limit must be reasonable and justifiable under s 13 of the Act.