QLD Fingerprints from a Traffic Offence

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Ethan Harmer

Member
14 August 2014
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Hello the police pulled me over the other week for driving a car without a drivers licence and now they want me to come in and get my fingerprints done it doesn't sound right to me should I give them my fingerprints?

What are my rights here?
 

Sarah J

Well-Known Member
16 July 2014
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Melbourne, Victoria
Hi Ethan,

Generally, police has powers to take fingerprint evidence (as well as photographic evidence, DNA samples etc) when you are under arrest or in custody.

Specifically, this will depend on what offence you have been charged with. For an indictable offence, an offence with a penalty of 1 year imprisonment or more and some minor offences in the Summary Offences Act 2005 (Qld), they are allowed to take fingerprint and photographic evidence. If you are later found not guilty of the offence and you have not been previously convicted of another offence, police will destroy all such evidence after 1 year.

This is all governed by the Police Powers and Responsibilities Act 2000 (Qld) and the Police Powers and Responsibilities Regulation 2012 (Qld). See this page for more information: http://www.police.qld.gov.au/rti/published/policies/qpsPolicyProc/
 
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