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When can police enter premises in Queensland?
As a general rule, police are not allowed to enter private premises without the consent of the owner or occupier. The Police Powers and Responsibilities Act 2000 (Qld) sets out the very specific circumstances under which a police officer is authorised by law to enter a property. Such circumstances and their relevant sections of legislation are:
- To investigate a reported or suspected criminal offence or to serve court documents (such as a domestic violence order) [section 19]
- To arrest and charge an offender or to enforce a warrant [section 21]
- To prevent the loss of or preserve evidence [section 160]
- To reduce excessive noise after a complaint [section 581]
- To investigate suspicions of death or injury (for example, upon report of concern for a person’s elderly neighbour) [section 596]
- To prevent injury, damage or domestic violence [section 609]
Section 23 of the same Act provides that a reasonable time for a police officer to enter any place for any of the above reasons includes:
- when the place is open to or used by the public; and
- when the police officer may reasonably expect that someone will be present at the place; and
- when someone is present at the place.
The section also provides that if no one is present at the place the police officer enters, under (1)(b), the time is no longer a reasonable time for entry upon that place.
If you believe that police officers have unlawfully entered your premises or remained on your property for an unreasonable amount of time, it is crucial that you talk to one of our experienced lawyers at the earliest possible opportunity. We are leading legal experts in Queensland criminal law and are well-renowned throughout South-East Queensland for our expertise and professionalism. Contact us today.