Police arrest log book
Printed From: AussieLegal
Category: General Legal Discussions
Forum Name: Discuss legal issues that are of a general nature
Printed Date: 21/April/2019 at 18:09
Topic: Police arrest log book
Posted By: Anics
Subject: Police arrest log book
Date Posted: 07/November/2018 at 21:27
I'm interested in knowing if police arrest logs at a (any) police station in Australia or more specifically Queensland are public information and if any citizen is able to simply ask their local police station for the log book to view it?
To be more specific in what I'm asking, I'm from California and the government code 6254 which can be found https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=6254 - here.
Notwithstanding any other provision of this subdivision, state and local law enforcement agencies shall make public the following information, except to the extent that disclosure of a particular item of information would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation or a related investigation:
(1) The full name and occupation of every individual arrested by the agency, the individual’s physical description including date of birth, color of eyes and hair, sex, height and weight, the time and date of arrest, the time and date of booking, the location of the arrest, the factual circumstances surrounding the arrest, the amount of bail set, the time and manner of release or the location where the individual is currently being held, and all charges the individual is being held upon, including any outstanding warrants from other jurisdictions and parole or probation holds.
And this allows me, as a citizen, to simply go to my local police station or Sheriffs Department and ask to see the usually, weekly arrest log which ranges from 1-3 weeks worth of arrests made by that specific police agency.
Does Australia have any similar law regarding public access to information of this type or are there privacy laws that prevent this? If so, which specific laws allow or prevent this?
Any help is greatly appreciated.
Posted By: citizen-joe
Date Posted: 08/November/2018 at 00:06
I am unaware of the automatic right to view such information in this country. Others may be able to advise. However if you would like to explain what information you are seeking and the reason you need that information, it may help anyone who knows the answer to give a complete reply.
Posted By: Anics
Date Posted: 08/November/2018 at 08:32
Thanks for the reply.
I'm not actually looking to get this information it was more of a question about the law around this but to give a scenario, The specific information would be things that the police record once they've made an arrest so things like the name of the offender, gender, date offence was committed, the charges and result. Were they issued a court date, were they given a good behaviour bond, where they released things along those lines.
As to the reason thats sort of the main question, as a citizen with no other special privy does the law allow this information to be public? Like the law has a sex offenders registry for the public to view. Let's hypothetically say a member of the community just wanted to look at the arrest log so they may know who in their community has been arrested and for what charge.
Or another possibility, an independent news reporter would like the information to publish in a community news article.
Because at least from my understanding, constitutionally in Australia you don't necessarily have the right to privacy or am I wrong? So would that maybe have any sway or effect on my question?
Posted By: citizen-joe
Date Posted: 08/November/2018 at 19:22
I think a reply is best summed up with the following.
Getting arrested is not an offence, it is the conviction that is recorded, even then you are right privacy is not given the same legislation here, even though we have more than citizens of the US who have constitutional rights that seem to be easily sidestepped.
Here names are only released when a person is charged in court. Even then the name is not revealed for certain offences.
I am not a lawyer, in the unlikely event that one comes along, you may get a more accurate reply.