Your rights in Queensland when speaking to police

Be aware of your rights when it comes to speaking to the police, whether on the street or at a police station.

You should be aware of the following information when speaking to the police whether on the street or at a police station:

  • You have the right to remain silent
  • The only thing you need to tell police is your name, age and address. If a police officer believes you have given a false name, age or address, the officer can insist that you prove who you are. The police can charge you if you refuse to give them your correct name, age and address when asked. If you are not sure whether to answer other questions, don’t
  • You must have your driver licence if you are driving on your P or L plates
  • If a police officer is searching or questioning you, you have right to know their name, rank and station, and the reason they are searching or questioning you
  • The police need to tell you a reason or show you a warrant to search you. The police can search you, your bag or your vehicle if they suspect you have illegal drugs, weapons, stolen property, or evidence of offences. Do not stop the police from searching you as you could be charged. Talk to a lawyer afterwards
  • You do not have to go with police unless they say you are under arrest or there is a law that states you must go with them (e.g. some traffic matters). You have the right to legal advice. The police can arrest you for questioning purposes only if they suspect that you have broken the law. You still do not need to answer questions (except your correct name, age and address)
  • Police must call your parents or guardian if you have been arrested
  • If you are interviewed by police, you have the right to have a support person (parent, adult friend or youth worker) AND a lawyer with you during the interview. You should tell the police which person you would like to have with you. If there is no one, the police may arrange a justice of the peace to be there
  • If you are not charged, the police can only detain you for questioning for 8 hours and can interview you for 4 of those hours. Remember, you do not have to answer questions if you do not want to
  • If you are under 18 and have not been arrested, the police cannot take your fingerprints or photographs unless they get an order from the court, and you have a support person with you
  • If you are found not guilty, or the case against you is dismissed your fingerprints and photographs must be destroyed
  • If you 14 years old or over, you can consent to give a forensic sample to the police. If you are under 14 years old, the police can ask your parents to agree to give some types of samples
  • If you have been charged, the police must get an order from the court if they want to take your DNA (samples, blood or urine).

Remember to STAY COOL AND CALM and try to write down all the details of what happened. A solicitor can help you lodge a complaint with the Crime and Misconduct Commission if you feel you have been treated unfairly.

 

This sheet is intended to provide general legal information about the law in Queensland. This information is not legal advice. If you have a particular legal problem you should contact a solicitor for legal advice. Below is a list of agencies that might be able to assist you, including legal agencies.

This sheet was last reviewed and updated in July 2025.  The Youth Advocacy Centre does not accept responsibility for any action or outcome because of anyone relying on the information provided.

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