What is an evasion offence in Queensland

An evasion offence occurs when a driver fails to stop their vehicle as soon as reasonably practicable after being directed to do so by a police officer in a police service vehicle.

What is the penalty for evading police in Queensland

The court must impose at least 50 penalty units or 50 days imprisonment served wholly in a corrective services facility, plus a mandatory 2 year licence disqualification. The maximum penalty can reach 5 years imprisonment with aggravating factors.

What is a penalty unit in Queensland

A penalty unit is a set monetary value used to calculate fines under Queensland law. As of 1 July 2025, one penalty unit equals $166.90, updated annually.

What are examples of aggravating circumstances

Aggravating factors include committing the offence at night, use of violence or threats, being armed or pretending to be armed, being in company with others, damaging property, or having prior convictions for similar offences.

What are the defences to an evasion offence

Defences may include that the police officer was not exercising a legal power, there was no safe or reasonable opportunity to stop, the driver was not correctly identified, or the driver made an honest and reasonable mistake of fact.

Can an evasion offence be reduced to a lesser charge

Yes. In some cases, negotiation has resulted in a lesser offence without mandatory minimum penalties, avoiding the automatic 2 year disqualification or imprisonment.

What should I do if I am charged with evading police

You should not make admissions without legal advice, confirm your court date and location, and obtain legal representation urgently as mandatory penalties apply if convicted.

Failing to Provide a PIN or Password to Police in Qld

When your job, reputation, and future are at risk, urgent advice from our leading Brisbane criminal lawyers is critical.

Early steps affect the outcome.

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Choosing the best criminal defence lawyer in Qld

If police have lawfully required you to provide the PIN, password, or access code to a mobile phone, computer, or digital device and you refuse or fail to comply, you may be charged with a serious criminal offence in Qld.

This offence commonly arises during investigations into drug offences, fraud, violence, or other serious criminal matters. It can carry significant penalties and is often misunderstood.

If you are charged, seeking early advice from an experienced criminal defence lawyer will make a difference to the outcome. Call us, or fill in our Quick Enquiry form to receive a link to our free guide, 16 Things You Need to Do Now if Charged with a Criminal Offence.

When can police require you to provide a PIN or password?

Police may require access information where they reasonably suspect a digital device contains evidence of an offence and the requirement is authorised under the Police Powers and Responsibilities Act 2000 (Qld).

This can apply to:

mobile phones
tablets and iPads
laptops and computers
external hard drives and USB devices
encrypted or password-protected storage

Whether the requirement is lawful depends on statutory conditions being met.

What is the penalty for failing to provide a PIN or password in Qld?

The offence carries a maximum penalty of 5 years imprisonment.

The court may consider:

the seriousness of the investigation
whether the refusal was deliberate
your criminal history
the surrounding circumstances of the police requirement

A conviction may also affect employment, travel, professional licences, and future dealings with police.

Common legal issues in PIN and password cases

These cases often involve technical and procedural issues, including:

whether the police requirement was lawfully made
whether you were properly informed of your obligations
whether you actually knew or controlled the password
whether the device belonged to you
whether the failure was deliberate or genuine
whether the correct procedures under the Act were followed

Identifying the relevant facts early can be critical to the defence.

If you are charged or being investigated, seeking early advice will make a difference to the outcome.

Call us, or fill in our Quick Enquiry form to receive a link to our free guide, 16 Things You Need to Do Now if Charged with a Criminal Offence.

Call (07) 3012 6531

FAQ - Failure to Provide PIN or Password Offence in Qld

Yes, if police have made a lawful requirement under the Police Powers and Responsibilities Act. If the requirement was not lawful, the charge may be challenged.
Yes. Failing to provide a PIN or password is a stand-alone offence and does not depend on another charge proceeding.
Prison is not automatic, but it is within the sentencing range. Outcomes depend on the circumstances and how the matter is defended.
A criminal defence lawyer can:
- assess whether the police requirement was lawful
- identify procedural or statutory errors
- challenge whether deliberate non-compliance can be proven
- negotiate with police or prosecutors where appropriate
- prepare strong sentencing submissions if required
Early advice can significantly affect the outcome.
If you are charged with failing to provide a PIN or password, you should seek legal advice immediately and avoid speaking further with police. Do not attempt to explain or justify your actions without advice. A lawyer can assess whether the police requirement was lawful, whether the correct procedures were followed, and whether the prosecution can prove deliberate non-compliance. Early advice is critical, as mistakes made at the investigation stage can significantly affect the outcome of your case.

Charged with failing to provide a PIN or password?

If police have seized your phone or device and allege you failed to provide access information, you should seek legal advice before speaking further with investigators.

Call us on (07) 3012 6531 or fill in our Quick Enquiry form for a confidential discussion with our Brisbane criminal lawyers.

Call (07) 3012 6531