What to expect in the watchhouse

NOTE: Maintain your right to silence while being held in custody. Don’t debrief about the action or ask others why they’re in custody. Anything you say in custody is likely to be recorded and may be used against you or against someone else in establishing their offence in court.

General process

It’s most important to note at the outset that the general process is likely to be a bit different for everyone. Anecdotally, many people who have been arrested have had a slightly different experience in custody every time.

There are a range of different cells that you may be held in with varying degrees of comfort and opportunities for socialising. You may be held in one cell for the duration or moved around to multiple different cells. Although you should not be held in isolation, the watchhouse manager has significant discretion in general control.

  • CW// Transphobic language: per the QPS Operations Manual, “transgender prisoners should be placed in an empty cell, unless an empty cell is not available, in which case transgender persons are to be placed with prisoners who have the same type of genitalia.” 

The police are required to check on you at least once every hour unless they have assessed that you may be at risk.

Police powers when you are in custody

The Police can:

  • Search and re-search you

    • Policy indicates that all persons will be subject to a pat-down search upon initial arrival at the watch house. They will generally take everything off you and issue a property receipt for anything taken. You should sign this receipt in order to receive your things back on release.

    • Police can then seize anything they reasonably suspect may provide evidence of your offence. 

    • The QPS Operations Manual provides that “searches involving the removal of clothing are not to be conducted as a matter of routine”. There would need to be a good reason to conduct such a search.

  • The Police can take or photograph your identifying particulars

    • This can include palm prints, finger prints, handwriting, voiceprints, footprints, a photograph of you or any scars and tattoos, and a measurement of any part of the body apart from person’s genital or anal area, buttocks or, for a female, breasts. 

  • If charged with a serious offence the police can take a DNA sample by a mouth swab or by collecting hair. This DNA sample can be recorded in a database in Queensland.

How long can I be held?

Once detained, the police must as soon as reasonably practicable decide whether or not to grant you bail.

There is a common misconception that police can only hold you for 8 hours before granting bail, however, this relates only to the detainment of people for questioning in relation to serious offences. The courts have however been known to make adjustments in sentencing where people have been held for a significant length of time in the watch house.

Food, medication, visitors

Generally, you won’t be allowed visitors, except for a lawyer. You won’t be able to  access your prescribed medication until you’re assessed by a government medical officer who can authorise medication.

If you have a regular prescription medication, it is recommended to bring the medication with the appropriate label including your name and the dosage prescribed, with you. This would generally ensure you have access to that medication while in the watchhouse. Alternatively, a friend or family member could bring your medication in.

The police can provide non-prescription medications such as pain killers. 

Police policy indicates the watchhouse manager, or officer in charge of holding cells, is to provide prisoners with meals three times a day. The meals are supposed to be “wholesome and varied”, and indeed there is provision for officers to exercise discretion, if requested, in purchasing additional food for someone using money taken from their property. 

However, do not expect any of the above in relation to meals/food.

Police officers and watchhouse officers have a duty of care to those persons in their custody.

Section 285 of the Criminal Code in Queensland imposes duties on officers responsible for those in detention to provide the necessaries of life. 

Useful further reading: