Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 695

695 Application for order in relation to seized things

(1) This section applies to a thing seized—

(a) as evidence of the commission of an offence; or

(b) to prevent a person using the thing to cause self harm or harm to someone else; or

(c) to prevent an offence or a breach of the peace happening.

(2) Within 30 days after a police officer seizes the thing, the police officer must apply to a justice of the peace (magistrates court) or a magistrate (the
"issuer" ) for an order under section 696 in relation to the thing, unless—

(a) a proceeding has been started in which the thing may be relevant; or

(b) consent to the continued keeping of the thing has been given by its owner or the person who had lawful possession of the thing before it was seized; or

(c) it has no intrinsic value; or

Example for subsection (2)(c)—

samples of hair or blood taken from a crime scene that may be forensic evidence

(d) it is perishable and will perish before it can be returned to its owner or the person who had lawful possession of the thing before it was seized; or

(e) it is a dangerous drug or a thing used in or for manufacturing a dangerous drug; or

(f) it is a weapon the person from whom it was seized may not lawfully possess; or

(g) it is given to a law enforcement agency of another State under section 722 or another agency under an arrangement under section 723 ; or

(h) it is returned under section 691 , 692 or 693 .

(3) An application for an order under section 696 must also be made within 30 days after either of the following happens—

(a) a proceeding started in relation to the thing seized is discontinued without any order being made in relation to the thing;

(b) the consent of the owner of the thing or the person who had lawful possession of the thing before it was seized is withdrawn.

(4) The application must be accompanied by any warrant under which the thing was seized.

(5) However, if no application is to be made because subsection (2) (a) , (b) , (c) , (d) , (e) or (f) applies to the thing, a police officer must deal with the thing in the way specified in the responsibilities code, unless this Act otherwise provides.

(6) Subsection (7) applies if—

(a) a proceeding started in relation to a thing seized is a proceeding against a child for an offence; and

(b) the child pleads guilty before the court; and

(c) the court dismisses the charge and refers the offence to the chief executive (communities) for a restorative justice process under the Youth Justice Act 1992 , section 24A .

(7) For subsection (3) (a) , the discontinuation of the proceeding is taken to happen on the day the child discharges the obligations under a restorative justice agreement made as a consequence of the referral.

(8) In this section—

"restorative justice agreement" see the Youth Justice Act 1992 , schedule 4 .

"restorative justice process" see the Youth Justice Act 1992 , schedule 4 .