Identification and body samples

If you are charged with a criminal offence, the police may take:

• identifying particulars (eg photographs, fingerprints, palm prints, voiceprints etc.).
• a DNA sample.

These must be destroyed within a reasonable time if you are found not guilty, or if the arrest or charge does not continue (with some exceptions).

If you have been asked to provide identifying particulars or a DNA sample and you are not sure if you have to, get legal advice.

In some situations, you may also need to provide other body samples to the police for testing.

Identifying particulars

A person’s identifying particulars include:

• palm prints
• fingerprints
• handwriting
• voiceprints
• footprints
• a photo of the person’s identifying features (eg a photo of a person or their scars or tattoos).
• a measurement of any part of the person’s body (other than their genital or anal area, buttocks—or for a female—their breasts).

The police may take your identifying particulars if you are charged with an offence (except for some minor offences).

The police may take your identifying particulars if you are arrested or you may be given a Notice to Provide Identifying Particulars within 7 days.

If you are given a Notice to Provide Identifying Particulars, you will need to go to a police station and let a police officer take your identifying particulars. If you do not give these details when needed, you may be charged with a further offence.

If you have been charged with a very minor offence and you are worried about complying with the notice, get legal advice within the 7 day period.

A Court can also make an Order for your identifying particulars to be collected in certain situations.

Generally, your identifying particulars should be destroyed within a reasonable time if:

• your arrest or charge does not continue; or
• you are found not guilty of the offence.

They will not be destroyed if:

• you are being investigated or charged with another offence.
• you have previously been found guilty of another offence; or
• you are found unfit for trial because of a mental illness.

If you need to provide identifying particulars, or have any concerns or questions about providing these details get legal advice.

DNA samples

If you are charged with a serious offence, the police can take a DNA sample from you—even if you do not agree.

A DNA sample may be taken by an authorised police officer, a doctor or a nurse by making you use a mouth swab or by taking a sample of your hair.

Results can be kept in a Queensland and Commonwealth database.

Generally, your DNA sample and results get destroyed within a reasonable time if:

• your arrest or charge does not continue.
• you are found not guilty of the offence.

Your DNA sample will not be destroyed if:

• you are being investigated or charged with another indictable offence
• you are found unfit for trial because of a mental illness.

If you are asked to give a DNA sample and you do not want to, get legal advice.

Identification parades

The police may ask you to take part in a ‘line-up’, which is also known as an identification parade. You do not have to participate if you do not want to, but it cannot take place unless you agree.

If you are asked to take part in an identification parade, get legal advice.

Alcohol and drug testing

A police officer may ask you to provide a breath, saliva, blood or urine sample for testing if they suspect you have committed:

• particular driving offences while intoxicated (ie drunk); or
• particular offences involving violence while intoxicated in a public place within the last 3 hours.

Other testing

There are other situations where you may be required by the police or by Court Order to provide samples for testing.

Disclaimer: The material presented on this website is an information source only. The information on this website is written for people resident in, or affected by the laws of Queensland, Australia only. Links to other sites from this website are provided for the users’ convenience. The LGBTI Legal Service does not endorse these sites and is not responsible for the information on these sites or the use made of this information. If you have a specific legal problem, you should consult a professional legal advisor.