QLDIn ForceAct
Police Powers and Responsibilities Act 2000
sec.688Responsibilities of police officer or protective services officer taking possession of relevant thing
Start here
Get a plain-English read of sec.688
Turn the raw legal text into a practical explanation grounded in Police Powers and Responsibilities Act 2000.
### sec.688 Responsibilities of police officer or protective services officer taking possession of relevant thing
A police officer who seizes or otherwise comes into possession of a relevant thing must ensure the thing is given to an appropriate property officer or delivered to a property point that is appropriate in the circumstances, as soon as reasonably practicable, unless—
the thing is earlier returned, destroyed or disposed of under this part; or
it is necessary to keep the thing for use during questioning or for an investigative procedure involving the thing.
A protective services officer who seizes or otherwise comes into possession of a relevant thing must ensure the thing is given to an appropriate property officer or delivered to a property point that is appropriate in the circumstances, as soon as reasonably practicable, unless—
the thing is earlier returned, destroyed or disposed of under this part; or
the thing is given to a police officer.
If a police officer keeps a thing under subsection (1) (b) , the police officer must deliver the thing to an appropriate property officer or property point as soon as reasonably practicable after the reason for keeping it ends.
Until the thing is given or delivered under subsection (1) or (2) , the police officer or protective services officer is responsible for the safe keeping of the thing.
The commissioner must—
ensure reasonable inquiries and reasonable efforts are made to locate anyone lawfully claiming to be entitled to possession of the thing; and
facilitate its lawful disposal or its return to its owner or the person who had lawful possession of it before it came into the possession of the police service.
What are reasonable inquiries and efforts, must be decided having regard to the nature, condition and value of the relevant thing.
Subsection (5) does not apply to the thing if the commissioner is satisfied it is inappropriate to return it to its owner or the person who had lawful possession of it before it came into the possession of the police service.
The commissioner may be satisfied it is inappropriate to return clothing worn by a victim at the time of a sexual assault because of the distress returning the clothing to the victim may cause.
s 688 ins 2000 No. 22 s 25
amd 2022 No. 9 s 16
(sec.688-ssec.1) A police officer who seizes or otherwise comes into possession of a relevant thing must ensure the thing is given to an appropriate property officer or delivered to a property point that is appropriate in the circumstances, as soon as reasonably practicable, unless— the thing is earlier returned, destroyed or disposed of under this part; or it is necessary to keep the thing for use during questioning or for an investigative procedure involving the thing.
(sec.688-ssec.2) A protective services officer who seizes or otherwise comes into possession of a relevant thing must ensure the thing is given to an appropriate property officer or delivered to a property point that is appropriate in the circumstances, as soon as reasonably practicable, unless— the thing is earlier returned, destroyed or disposed of under this part; or the thing is given to a police officer.
(sec.688-ssec.3) If a police officer keeps a thing under subsection (1) (b) , the police officer must deliver the thing to an appropriate property officer or property point as soon as reasonably practicable after the reason for keeping it ends.
(sec.688-ssec.4) Until the thing is given or delivered under subsection (1) or (2) , the police officer or protective services officer is responsible for the safe keeping of the thing.
(sec.688-ssec.5) The commissioner must— ensure reasonable inquiries and reasonable efforts are made to locate anyone lawfully claiming to be entitled to possession of the thing; and facilitate its lawful disposal or its return to its owner or the person who had lawful possession of it before it came into the possession of the police service.
(sec.688-ssec.6) What are reasonable inquiries and efforts, must be decided having regard to the nature, condition and value of the relevant thing.
(sec.688-ssec.7) Subsection (5) does not apply to the thing if the commissioner is satisfied it is inappropriate to return it to its owner or the person who had lawful possession of it before it came into the possession of the police service. The commissioner may be satisfied it is inappropriate to return clothing worn by a victim at the time of a sexual assault because of the distress returning the clothing to the victim may cause.
- (a) the thing is earlier returned, destroyed or disposed of under this part; or
- (b) it is necessary to keep the thing for use during questioning or for an investigative procedure involving the thing.
- (a) the thing is earlier returned, destroyed or disposed of under this part; or
- (b) the thing is given to a police officer.
- (a) ensure reasonable inquiries and reasonable efforts are made to locate anyone lawfully claiming to be entitled to possession of the thing; and
- (b) facilitate its lawful disposal or its return to its owner or the person who had lawful possession of it before it came into the possession of the police service.