If you have been charged with an offence in Queensland, it is possible that you will be served with an Identifying Particulars Notice by a police officer. This notice is a direction from police that requires you to provide certain information about yourself that can potentially assist the investigation of your matters.
Section 470 of the Police Powers and Responsibilities Act 2000 (‘PPRA’) states that the notice will require you to do the following:
- Report to a police officer within seven days after it has been issued for the purpose of allowing a police officer to take or photograph all or any of your identifying particulars; and
- To stay at the police station or police establishment for the time reasonably necessary to enable the identifying particulars to be taken or photographed
If you have been served with this notice, it is extremely important that you read it properly as it may state the days and times within which you must attend the police station. The notice must:
- State that it is an offence to fail to comply with the notice; and
- State that you must produce satisfactory evidence of your identity before your particulars are taken; and
- Be given to you with the notice to appear, or complaint and summon for the offence that is alleged against you; and
- Be signed by the police officer giving the notice.
What are ‘Identifying Particulars’?
In Queensland, identifying particulars can refer to any of the following:
- Palm Prints
- Fingerprints
- Handwriting
- Voiceprints
- Footprints
- Photograph of the persons identifying features; such as scars, tattoos or a photo of the person
- A measurement of any part of the person’s body, excluding the persons genital or anal area, buttocks or a female’s breasts
When will an Identifying Particulars Notice be issued?
In relation to adults, an Identifying Particulars Notice can be issued for the following offences:
- Any offence with a maximum penalty of at least 1 year imprisonment; or
- An offence outlines in any of the following Acts:
- Explosives Act 1999
- Police Powers and Responsibilities Act 2000
- Police Service Administration Act 1990, section 10.19 or 10.20
- Prostitution Act 1999, section 73
- Regulatory Offences Act 1985
- Second-hand Dealers and Pawnbrokers Act 2003
- State Buildings Protective Security Act 1983
- Summary Offences Act 2005
- Weapons Act 1990
- An extradition offence.
For children that have been charged with an ‘arrest offence’, an identifying particulars notice may be issued for the following:
- Criminal Code 1899
- Drugs Misuse Act 1986
- Police Service Administration Act 1990
- Regulatory Offences Act 1985
- Summary Offences Act 2005
- Weapons Act 1990
The Youth Justice Act 1992 defines an ‘arrest offence’ as:
- an offence where the offender may be arrested without warrant; or
- an offence that was committed in circumstances where the offender may be arrested without warrant.
What if I fail to comply with the notice?
It is very important that you read the Identifying Particulars Notice properly to ensure that you understand what is required of you. If you do not attend the police station and provide your identifying particulars within the time frame provided on the notice, you will be charged with a further offence.
How long will my Identifying Particulars be kept?
Your identifying particulars will be destroyed within a reasonable period of time if:
- Your arrest or the charge has been dropped; or
- You have been found not guilty of the offence
However, your particulars will not be destroyed in certain situations, such as:
- You are being charged or investigated in regard to another offence
- You have previously been found guilty of another offence; or
- You have been found unfit for trial due to mental illness
This post contains general advice only and is not intended as legal advice.
