13 January 2014

Ink

Amid controversy over claims of regulatory overreach and claims that Queensland Police are requiring recreational motorcyclists (as distinct from members of outlawed motorcycle gangs) to remove tshirts or leathers in order to facilitate photography of tattoos it is worth looking at the state legislation.

Section 40 of the Police Powers & Responsibilities Act 2000 (Qld), noted in the past, provides that -
Person may be required to state name and address 
40(1) A police officer may require a person to state the person's correct name and address in prescribed circumstances. 
40(2) Also, the police officer may require the person to give evidence of the correctness of the stated name and address if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated name or address or to otherwise be able to give the evidence. 
40(2A) If— (a) a police officer reasonably suspects the person is a person mentioned in section 41(ba)(i) or is a person mentioned in section 41(ba)(ii); and (b) the person can not provide evidence of the correctness of the stated name or address when the requirement is made; the person may be detained for a reasonable time to confirm the correctness of the stated name and address. 
40(2B) If the police officer reasonably suspects it is necessary to do so to confirm the correctness of the stated name given by a person mentioned in subsection (2A), the police officer may take or photograph all or any of the person's identifying particulars. 
40(2C) If the person is not proceeded against for an identifying particulars offence within 12 months, the identifying particulars must be destroyed within a reasonable time in the presence of a justice.
'Identifying Particulars' are defined as "any of the following" -
(a) palm prints; 
(b) fingerprints; 
(c) handwriting; 
(d) voiceprints; 
(e) footprints; 
(f) a photograph of the person's identifying features; Examples for paragraph (f)— 1 photographs of scars or tattoos; 2 photographs of the person 
(g) a measurement of any part of the person's body, other than the person's genital or anal area, buttocks or, for a female, breasts.