Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 365

365 Arrest without warrant

(1) It is lawful for a police officer, without warrant, to arrest an adult the police officer reasonably suspects has committed or is committing an offence if it is reasonably necessary for 1 or more of the following reasons—

(a) to prevent the continuation or repetition of an offence or the commission of another offence;

(b) to make inquiries to establish the person’s identity;

(c) to ensure the person’s appearance before a court;

(d) to obtain or preserve evidence relating to the offence;

(e) to prevent the harassment of, or interference with, a person who may be required to give evidence relating to the offence;

(f) to prevent the fabrication of evidence;

(g) to preserve the safety or welfare of any person, including the person arrested;

(h) to prevent a person fleeing from a police officer or the location of an offence;

(i) because the offence is an offence against section 790 or 791 ;

(j) because the offence is an offence against the Domestic and Family Violence Protection Act 2012 , section 177 , 178 or 179 ;

(k) because of the nature and seriousness of the offence;

(l) because the offence is—

(i) an offence against the Corrective Services Act 2006 , section 135 (4) ; or

(ii) an offence to which the Corrective Services Act 2006 , section 136 applies.

(2) Also, it is lawful for a police officer, without warrant, to arrest a person the police officer reasonably suspects has committed or is committing an indictable offence, for questioning the person about the offence, or investigating the offence, under chapter 15 .

(3) Subject to the Youth Justice Act 1992 , section 13 , it is lawful for a police officer to arrest a child without warrant if the police officer reasonably suspects the child is committing or has committed an offence.

Note—

See also principle 18 of the youth justice principles in the Youth Justice Act 1992 , schedule 1 .