QLDIn ForceAct
Police Powers and Responsibilities Act 2000
sec.471Court may order taking of identifying particulars
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### sec.471 Court may order taking of identifying particulars
This section applies if, in a proceeding for an identifying particulars offence against an adult, a court is satisfied it is necessary to take or photograph the person’s identifying particulars to help—
identify the person in relation to the offence or another offence the person is suspected of having committed; or
confirm the person’s identity; or
find out the person’s criminal history; or
keep criminal records.
The court may make either of the following orders—
an order that a police officer may detain the person to enable a police officer to take or photograph all or any of the person’s identifying particulars;
an order—
that the person—
report to a police officer at a stated police station or police establishment on a stated day or between stated hours within 7 days; and
stay at the place for the time reasonably necessary to enable a police officer to take or photograph all or any of the person’s identifying particulars; and
authorising a police officer to detain the person to enable a police officer to take or photograph all or any of the person’s identifying particulars if the person does not comply with subparagraph (i) .
A person must not contravene an order made under subsection (2) (b) , unless the person has a reasonable excuse.
Maximum penalty—2 years imprisonment.
It is not a reasonable excuse for the person to contravene the order that complying with it may tend to incriminate the person.
s 471 ins 2000 No. 22 s 18
sub 2003 No. 49 s 10
amd 2006 No. 26 s 3 sch 1
(sec.471-ssec.1) This section applies if, in a proceeding for an identifying particulars offence against an adult, a court is satisfied it is necessary to take or photograph the person’s identifying particulars to help— identify the person in relation to the offence or another offence the person is suspected of having committed; or confirm the person’s identity; or find out the person’s criminal history; or keep criminal records.
(sec.471-ssec.2) The court may make either of the following orders— an order that a police officer may detain the person to enable a police officer to take or photograph all or any of the person’s identifying particulars; an order— that the person— report to a police officer at a stated police station or police establishment on a stated day or between stated hours within 7 days; and stay at the place for the time reasonably necessary to enable a police officer to take or photograph all or any of the person’s identifying particulars; and authorising a police officer to detain the person to enable a police officer to take or photograph all or any of the person’s identifying particulars if the person does not comply with subparagraph (i) .
(sec.471-ssec.3) A person must not contravene an order made under subsection (2) (b) , unless the person has a reasonable excuse. Maximum penalty—2 years imprisonment.
(sec.471-ssec.4) It is not a reasonable excuse for the person to contravene the order that complying with it may tend to incriminate the person.
- (a) identify the person in relation to the offence or another offence the person is suspected of having committed; or
- (b) confirm the person’s identity; or
- (c) find out the person’s criminal history; or
- (d) keep criminal records.
- (a) an order that a police officer may detain the person to enable a police officer to take or photograph all or any of the person’s identifying particulars;
- (b) an order— (i) that the person— (A) report to a police officer at a stated police station or police establishment on a stated day or between stated hours within 7 days; and (B) stay at the place for the time reasonably necessary to enable a police officer to take or photograph all or any of the person’s identifying particulars; and (ii) authorising a police officer to detain the person to enable a police officer to take or photograph all or any of the person’s identifying particulars if the person does not comply with subparagraph (i) .
- (i) that the person— (A) report to a police officer at a stated police station or police establishment on a stated day or between stated hours within 7 days; and (B) stay at the place for the time reasonably necessary to enable a police officer to take or photograph all or any of the person’s identifying particulars; and
- (A) report to a police officer at a stated police station or police establishment on a stated day or between stated hours within 7 days; and
- (B) stay at the place for the time reasonably necessary to enable a police officer to take or photograph all or any of the person’s identifying particulars; and
- (ii) authorising a police officer to detain the person to enable a police officer to take or photograph all or any of the person’s identifying particulars if the person does not comply with subparagraph (i) .
- (i) that the person— (A) report to a police officer at a stated police station or police establishment on a stated day or between stated hours within 7 days; and (B) stay at the place for the time reasonably necessary to enable a police officer to take or photograph all or any of the person’s identifying particulars; and
- (A) report to a police officer at a stated police station or police establishment on a stated day or between stated hours within 7 days; and
- (B) stay at the place for the time reasonably necessary to enable a police officer to take or photograph all or any of the person’s identifying particulars; and
- (ii) authorising a police officer to detain the person to enable a police officer to take or photograph all or any of the person’s identifying particulars if the person does not comply with subparagraph (i) .
- (A) report to a police officer at a stated police station or police establishment on a stated day or between stated hours within 7 days; and
- (B) stay at the place for the time reasonably necessary to enable a police officer to take or photograph all or any of the person’s identifying particulars; and