QLDIn ForceAct
Police Powers and Responsibilities Act 2000
sec.382Notice to appear may be issued for offence
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### sec.382 Notice to appear may be issued for offence
The object of this section is to provide an alternative way for a police officer to start or continue a proceeding against a person that reduces the need for custody associated with arrest and does not involve the delay associated with issuing a complaint and summons under the Justices Act 1886 .
For starting proceedings against children by notices to appear, see the Youth Justice Act 1992 .
A police officer may issue and serve a notice ( notice to appear ) on a person if the police officer—
reasonably suspects the person has committed or is committing an offence; or
is asked by another police officer who has the suspicion mentioned in paragraph (a) to issue and serve the notice to appear.
A notice to appear must be personally served on a person.
However, a notice to appear for an offence against the Road Use Management Act or the Heavy Vehicle National Law (Queensland) may be served on a person by registered post if it is served as in the way provided for under the Justices Act 1886 , section 56 (1) (a) or (2) (a) , (b) or (c) .
The Justices Act 1886 , section 56 (1) (a) or (2) (a) , (b) or (c) authorises service on a person at the person’s place of business or residence last known to the complainant, or at an address stated on the person’s driver licence or a current certificate of registration for the person’s motor vehicle.
If a person is alleged to have committed offences as a child and as an adult, a separate notice to appear must be issued for the offences committed as a child.
s 382 (prev s 177) renum 2000 No. 22 s 11
amd 2002 No. 39 s 169 ; 2006 No. 26 s 43 ; 2007 No. 1 s 11 sch 1 ; 2007 No. 27 s 10 ; 2013 No. 26 s 35 ; 2014 No. 1 s 15 ; 2018 No. 20 s 28
(sec.382-ssec.1) The object of this section is to provide an alternative way for a police officer to start or continue a proceeding against a person that reduces the need for custody associated with arrest and does not involve the delay associated with issuing a complaint and summons under the Justices Act 1886 . For starting proceedings against children by notices to appear, see the Youth Justice Act 1992 .
(sec.382-ssec.2) A police officer may issue and serve a notice ( notice to appear ) on a person if the police officer— reasonably suspects the person has committed or is committing an offence; or is asked by another police officer who has the suspicion mentioned in paragraph (a) to issue and serve the notice to appear.
(sec.382-ssec.3) A notice to appear must be personally served on a person.
(sec.382-ssec.4) However, a notice to appear for an offence against the Road Use Management Act or the Heavy Vehicle National Law (Queensland) may be served on a person by registered post if it is served as in the way provided for under the Justices Act 1886 , section 56 (1) (a) or (2) (a) , (b) or (c) . The Justices Act 1886 , section 56 (1) (a) or (2) (a) , (b) or (c) authorises service on a person at the person’s place of business or residence last known to the complainant, or at an address stated on the person’s driver licence or a current certificate of registration for the person’s motor vehicle.
(sec.382-ssec.5) If a person is alleged to have committed offences as a child and as an adult, a separate notice to appear must be issued for the offences committed as a child.
- (a) reasonably suspects the person has committed or is committing an offence; or
- (b) is asked by another police officer who has the suspicion mentioned in paragraph (a) to issue and serve the notice to appear.