Call our lawyers
now
or,
have our lawyers
call you
When Police Can Enter Premises (Qld)
Updated on Dec 13, 2022 • 3 min read • 812 views • Copy Link
When Police Can Enter Premises (Qld)
Police are generally not allowed to enter private properties without the consent of the occupier. However, there are some circumstances when police can enter premises without consent. These situations are limited and clearly set out in legislation.
Under the Police Powers and Responsibilities Act (2000), police can enter private property without the consent of the occupier in certain situations. The circumstances in which police may do this are outlined below.
To investigate a suspected criminal offence
One of the circumstances when police can enter premises is to investigate a criminal offense that they suspect has been or is being committed.
To serve documents
The police may enter a private property in order to effect service of court documents, for example, a Domestic Violence Order (DVO).
To arrest or detain someone
Under the Police Powers and Responsibilities Act, police may enter premises in order to lawfully arrest or detain a person if they reasonably suspect that the person is in the dwelling (Section 21). ‘Reasonable suspicion’ is difficult to define, but courts have stated that there needs to be some fact that would cause a reasonably minded person to conclude something. The police officer’s suspicion does not have to be right, only reasonable.
To execute a search warrant
A search warrant is a legal document that authorises an officer to explore a premise. It stipulates the scope and reach of the search. A search warrant can authorise a police officer to enter and search the place but only to the extent covered by the warrant. Police officers are not authorised to conduct property explorations beyond what is stated in the search warrant.
To prevent loss of evidence
Police can lawfully enter premises without the occupier’s consent to prevent the loss of evidence (Section 160). The police can justify entering your home if they suspect that evidence will be concealed or destroyed unless the place is immediately entered and searched.
To prevent injury, damage or domestic violence
Another situation when police can enter premises is to prevent injury to a person, damage to property or domestic violence (Sections 609-611). For example, if an individual is attempting suicide, the police may enter to prevent this being completed. If a person is physically abusing their partner, police may enter to stop the abuse continuing.
To ease excess noise
If you are playing loud music and the noise is extreme police can enter your property without a warrant (Section 581) in order to put a stop to the noise.
You may not refuse entry to police in any of the above situations and if you attempt to do so you may be charged with a criminal offense, such as obstructing police (Section 790) or assault police.
How much force can police use to gain entry?
The police may only use the level of force that is reasonably necessary to enter a property (Section 614). What is reasonably necessary depends on the situation. If a person is being seriously assaulted, police could justify breaking a door down to gain entry. However, they could not justify breaking down a door to effect service of a DVO.
What can you do when police seek to access your property?
Do not be aggressive or physically touch or try to remove officers from your property. If you believe that police do not have grounds to enter your property without your consent or without a warrant, simply tell them clearly:
- That you are not inviting them in
- That you do not consent to them remaining on any part of your land or property.
Related Content
Assault Occasioning Bodily Harm (Qld)
Biloela Criminal Lawyers | Affordable Defence Solicitors
Oaths and Affirmations (Qld)
Rockhampton Criminal Lawyers | Expert Criminal Solicitors
Assault Offences in Queensland
Coolangatta Criminal Lawyers | Criminal Defence Solicitors
Nerang Criminal Lawyers | Affordable Solicitors Nerang QLD
Character References in Queensland
Mount Isa Criminal Lawyers | Expert Criminal Solicitors
Indictable Offences (Qld)
Trespass Offences in Queensland
Imprisonment in Queensland
Michelle Makela
National Practice Manager
Michelle Makela is a Legal Practice Director at Go To Court Lawyers. She holds a Juris Doctor, a Bachelor of Science (Psychology) and a Master of Criminology. She was admitted to practice in 2006. Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
Amendment to the Youth Justice Act (Qld)
Amendment to the Youth Justice Act (Qld) On 24 August 2023, the Queensland government passed an ‘urgent’ amendment to the Youth Justice Act 1992. The controversial change makes it lawful for young people who have been refused bail to be detained in police watch houses indefinitely. This page outlines the ....
Posted in:
Police Procedures
The Queensland Police have the power to arrest you in a range of situations. Your rights during an arrest and the procedures police must follow are set out in the Police Powers and Responsibilities Act 2000. This article outlines when the police may arrest you and what you can expect ....
Posted in:
Police Procedures
Police Interviews (Qld) When the police suspect a person has committed an offence, they may ask the person to participate in an interview. Participation in police interviews is voluntary and suspects have the right to remain silent. Anything a suspect says to the police may be used as evidence against ....
Posted in:
Police Procedures
The right to silence is recognised as a fundamental common law right in all Australian jurisdictions. In Queensland, it is codified in Section 397 of the Police Powers and Responsibility Act (PPRA), which states that a person’s right to refuse to answer questions is protected, unless they are required under ....
Posted in:
Police Procedures
Parents and Police in Queensland
If you have a child under 18 who has been charged with a criminal offence, there are a number of things to be aware of. While a child over 10 can be arrested, charged with offences and sentenced by a court in the same way as an adult, there are ....
Posted in:
Police Procedures
Fingerprints and DNA Samples (Qld)
Fingerprints and DNA Samples (Qld) In Queensland, the Police Powers and Responsibilities Act gives police the power to take a person’s identifying particulars or a DNA sample in some circumstances. Whether the police can take your fingerprints or other identifying particulars or a DNA sample and when they must destroy them depends ....
Posted in:
Police Procedures
Intoxicated Persons (Qld) There are numerous legal implications to being intoxicated in a public place. Intoxicated persons can be taken into custody if their behaviour is likely to pose a risk of harm to themselves or other people. Police may not interview a person suspected of a crime whilst they ....
Posted in:
Police Procedures
What Happens After An Arrest? (Qld)
What Happens After An Arrest? (Qld) When an incident or offence is reported to police, they will commence an investigation and determine whether a criminal offence has been committed. If the police believe that they have a suspect, steps will be taken to obtain evidence against that person, and charges ....
Posted in:
Police Procedures
How Cooperation With Police Can Reduce Your Sentence
How Cooperation With Police Can Reduce Your Sentence When pleading guilty, the two most common questions asked are, “what will my sentence be?” and “what can I do to reduce it?” The legislation which governs sentencing in Queensland is the Penalties and Sentences Act 1992 (PSA). The main items your lawyer will ....
Posted in:
Police Procedures
Citizen’s Arrests (Qld) When people think about getting arrested, they generally think of arrests carried out by police. In some limited circumstances though, members of the public also have the power to carry out arrests. This is known as a citizen’s arrest. In Queensland, the circumstances where this can occur ....
Posted in:
Police Procedures
Police Check Queensland A police check or criminal history check is a criminal history search. The two most common types of police check in Queensland are the following: The Queensland Criminal History Check; and The National Criminal History Check. Queensland Criminal History Check A Queensland Criminal History Check provides you ....
Posted in:
Police Procedures