Queensland Police Policy and Procedures

Police policy and procedures

Police policies and procedures are contained in various internal documents including the Operational Procedures Manual, Traffic Manual, Human Resource Management Manual and Administration Manual.  A list of major policy documents and the process for viewing and or purchasing such documents is provided in s. 8.1: ‘Availability of Policy Documents’ of the QPS Statement of Affairs. 

Police policies and procedures are generally derived from and are compliant with the relevant existing legislation governing police powers and responsibilities.  In the majority of police powers and responsibilities have been consolidated and are contained in the:

(i)     Police Powers and Responsibilities Act 2000; and  

(ii)    Police Powers and Responsibilities Regulation 2000.  

The Act and Regulation are available, free of charge, for viewing at the Office of the Parliamentary Counsel website. 

The Police Powers and Responsibilities Act 2000 (the Act), contains numerous provisions including:

(i)    general enforcement powers (see Chapter 2 of the Act);

(ii)    powers relating to vehicles and traffic (see Chapter 3 of the Act);

(iii)    motor vehicle impounding powers for prescribed offences and motorbike noise direction (see Chapter 4 of the Act);

(iv)    vehicle removal powers generally (see Chapter 5 of the Act);

(v)    powers relating to animals (see Chapter 6 of the Act);

(vi)    search warrants, obtaining documents, and crime scenes (see Chapter 7 of the Act);

(vii)    arrest and custody powers (see Chapter 14 of the Act);

(viii)    powers and responsibilities relating to investigations and questioning for indictable offences (see Chapter 15 of the Act);

(ix)    search powers for persons in custody (see Chapter 16 of the Act);

(x)    forensic procedures (see Chapter 17 of the Act);

(xi)    blood and urine testing of persons suspected of committing sexual or other serious assault offences (see Chapter 18 of the Act); and

(xii)    provisions about evading police officers (see Chapter 22 of the Act).

The Police Powers and Responsibilities Regulation 2000 (the Regulation), includes among other things, the ‘Responsibilities code’ (see Schedule 10), which outlines police responsibilities and requirements in relation to the following areas:

(i)    provisions about search warrants, obtaining documents and crime scenes;

(ii)    covert evidence gathering powers;

(iii)    arrest and custody powers;

(iv)    powers and responsibilities relating to investigations and questioning for indictable offences;

(v)    powers in relation to persons in custody; and

(vi)    dealing with things in the possession of the police service.

Common topics of inquiry

Inquiries are sometimes received from members of the public seeking information concerning certain police powers and responsibilities.  Some common topics of inquiry (and references to relevant provisions of the Act and Regulation) are outlined below: 

(i)    supplying police officer’s details;

(ii)    power to require name and address;  

(iii)    searching persons without a warrant;

• conduct of a search;
• obstruction of a search;
• searches involving the removal of clothing;
• searches of persons in custody;

(iv)    stopping vehicles for prescribed purposes;  

(v)    searching vehicles without a warrant;  

• conduct of a vehicle search;
• obstruction of a search;

(vi)    power to seize evidence generally; 

(vii)    arresting persons without a warrant;

• information to be given to an arrested person;
• parent and chief executive must be advised of the arrest of a child;
• duty of a police officer after the arrest of a person

(viii)    detaining persons for investigation and questioning

(ix)    police responsibilities when questioning persons;  

(x)    preventing offences and breaches of the peace;

• dealing with breaches of the peace;
• prevention of offences generally;
• prevention of particular offences relating to liquor;

(xi)    directions to move on; and

(xii)    complaints against member of the Service.