What is a Warrant in Queensland?

There are two main types of warrant in Queensland:

1. Arrest Warrant
2. Search Warrant

Arrest Warrant – Arrest warrants are an official document, generally authorised by a court of law, that allows police to arrest an individual who has committed an unlawful act or an offence.

In order to receive a warrant, the police must present their reasoning to the court, and it will be decided whether or not the matter is valid for arrest.

Once a warrant is secured by police, they are then legally rightful in serving it and arresting the accused.

The police have a legal obligation to fulfil the rights of the individual arrested.

The accused may be asked to go on a record in an interview and has the right to remain silent if they do not wish to speak to the police.

They may also speak to a lawyer if they wish.

Search Warrant – A search warrant is an official document, usually authorised by a court, that allows the police to search a building, vehicle, person, or area under the knowledge or strong suspicion unlawful activity is taking place inside.

The police must have a strong suspicion illegal activity has taken place within the area or that such activity will take place within the following 72-hour period.

As with a warrant for arrest, the police must also present their evidence or reasoning for the warrant to the court, which will then decide whether or not a search of the property is necessary.

Been served with a warrant in Queensland? Be referred to the best criminal lawyers on the Sunshine Coast

Can Police Arrest Me Without a Warrant?

In specific circumstances, the police force of Queensland is authorised to arrest an individual without the presence of an arrest warrant. As stated by section 365 of the Police Powers and Responsibilities Act 2000, it is lawful for a police officer to search an individual without a warrant for reasons including:

1. to prevent the continuation or repetition of an offence or the commission of another offence;
2. to make inquiries to establish the person’s identity;
3. to ensure the person’s appearance before a court;
4. to obtain or preserve evidence relating to the offence;
5. to prevent the harassment of or interference with, a person who may be required to give evidence relating to the offence;
6. to prevent the fabrication of evidence;
7. to preserve the safety or welfare of any person, including the person arrested;
8. to prevent a person fleeing from a police officer or the location of an offence.

Can Police Search Me Without a Warrant?

The police may search an individual or a vehicle without a warrant under specific circumstances.

As stated under section 29 of the Police Powers and Responsibilities Act 2000, the police may search persons without a warrant for reasons including:

the person has something that may be—

1. a weapon, knife or explosive the person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or

2. an unlawful dangerous drug; or

3. stolen property; or

4. unlawfully obtained property; or

5. tainted property; or

6. evidence of the commission of a seven-year imprisonment offence that may be concealed on the person or destroyed.

They may also search a vehicle without a warrant for reasons including:

It is a prescribed circumstance for searching a vehicle without a warrant that there is something in the vehicle that—

1. may be a weapon, knife or explosive a person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or
2. may be an antique firearm that a person possesses and the person is not a fit and proper person to possess the firearm—
3. because of the person’s mental and physical fitness; or
4. because a domestic violence order has been made against the person; or

• because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon; or

1. may be an unlawful dangerous drug; or

2. may be stolen property; or

3. may be unlawfully obtained property; or

4. may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug.

Been served with a warrant in Queensland? Be referred to the best criminal lawyers on the Sunshine Coast

What Should I do When an Arrest Warrant is Served on Me?

So, you’ve had an arrest warrant served on you? It’s really important that you try to maintain calm and composed and avoid panic.

The first thing you should do is request to see your lawyer. As aforementioned, it is your right to be seen by a lawyer, so ensure that you have access to a private lawyer when in questioning.

Police are not responsible, however, for providing you with a lawyer. It is recommended generally that you do not answer questions until you have consulted a lawyer or have one present to advise you, as your words may unintentionally incriminate you.

Ensure you do not resist arrest by the police as this is also likely to incriminate you.

You may want to question the police as to the reason for your arrest and you may also ask to see the warrants they are in the process of serving, simply to ensure it has been authorised by the court.

Should I Seek Legal Aid?

As aforementioned, in the scenario of arrest warrants, in particular, it is heavily recommended you seek the consult of a legal professional.

This can assist you in avoiding incriminating yourself and a lawyer will advise you of your rights and what you should and should not do while arrested.

If your property is searched under a warrant, you will likely only require legal assistance in the case of evidence being found on your person or your property that is unlawful.

Key Takeaways

Having a warrant served on you is a serious occurrence, so it is important that you are aware of your rights and the possible outcomes in the matter.

If police find any form of incriminating evidence during a search or are granted arrest warrants you could land in significant legal trouble, so it is always recommended to pursue the assistance of a lawyer in a matter regarding a warrants.

Been served with a warrant in Queensland? Be referred to the best criminal lawyers on the Sunshine Coast