In this section
START OF Criminal justice
START OF Police and your rights
END OF Police and your rights
END OF Criminal justice
If you’re charged with a criminal offence, the police may take:
These must be destroyed within a reasonable time if you’re found not guilty, or if the arrest or charge doesn’t continue (with some exceptions).
If you’ve been asked to provide identifying particulars or a DNA sample and you’re not sure if you have to, get legal advice.
In some situations you may also need to provide other body samples to the police for testing. Get legal advice.
A person’s identifying particulars include:
The police may take your identifying particulars if you’re charged with an offence (except for some minor offences).
The police may take your identifying particulars if you’re arrested or you may be given a Notice to Provide Identifying Particulars within 7 days.
If you’re given a Notice to Provide Identifying Particulars, you’ll need to go to a police station and let a police officer take your identifying particulars. If you don’t give these details when needed, you may be charged with a further offence.
If you’ve been charged with a very minor offence and you’re worried about complying with the notice, get legal advice within the 7 day period.
A court can also make an order for your identifying particulars to be collected in certain situations.
Generally, your identifying particulars should be destroyed within a reasonable time if:
They won’t be destroyed if:
If you need to provide identifying particulars, or have any concerns or questions about providing these details get legal advice.
If you’re charged with a serious offence, the police can take a DNA sample from you—even if you don’t agree.
A DNA sample may be taken by an authorised police officer, a doctor or a nurse by making you use a mouth swab or by taking a sample of your hair.
Results can be kept in a Queensland and Commonwealth database.
Generally, your DNA sample and results get destroyed within a reasonable time if:
Your DNA sample won’t be destroyed if:
If you're asked to give a DNA sample and you don't want to, get legal advice.
The police may ask you to take part in a ‘line-up’, which is also known as an identification parade. You don’t have to participate if you don’t want to, but it can’t take place unless you agree.
If you’re asked to take part in an identification parade, get legal advice.
A police officer may ask you to provide a breath, saliva, blood or urine sample for testing if they suspect you’ve committed:
There are other situations where you may be required by the police or by court order to provide samples for testing. Get legal advice.
We may give legal advice about providing identifying particulars or body samples to the police or the court.
If you’ve been charged with a serious offence , you should apply for legal aid, or find a private lawyer, rather than wait for a legal advice booking.
The following services may be able to give you legal help and advice.
Community legal centres give free legal advice and information on criminal law. Contact them to find out if they can help.
Queensland Law Society can refer you to a specialist private lawyer for advice or representation on criminal law matters.
These organisations may be able to help. They don’t give legal advice.
Queensland Police Service Headquarters investigates complaints about police misconduct and breaches of discipline. This internal complaints process is monitored by the Crime and Corruption Commission.
Crime and Corruption Commission investigates complaints about official misconduct, even where the original complaint has been made to Queensland Police. The organisation monitors the police internal complaints process and can take over investigations if necessary, but does not handle complaints about police misconduct directly.
Queensland Courts provides information about the: