ACTIn ForceAct
Crimes Act 1900
230AIdentification material—person under 18 years old
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230A Identification material—person under 18 years old
(1) A police officer may take identification material from a person who
is under 18 years old and not in police custody for an offence, or under
16 years old and in police custody for an offence, only if a magistrate
orders that the material may be taken from the person.
(2) A police officer may take identification material from a person who
is at least 16 years old but under 18 years old, and in police custody
for an offence, only if—
(a) the officer is an officer of or above the rank of sergeant, or is the
officer in charge of a police station at which the person is in
custody; and
(b) the offence was allegedly committed by the person at a time
when the person was at least 16 years old; and
(c) either—
(i) the officer believes on reasonable grounds that taking the
material is necessary to identify the person, or identify the
person as having committed the offence for which the
person is in police custody; or
(ii) the officer suspects on reasonable grounds that the person
has committed another offence and that the material is
likely to identify the person as having committed the other
(d) either—
(i) the person is not in an impaired state; or
(ii) if the person is in an impaired state—a magistrate orders
that the material may be taken from the person.
(3) Before taking identification material from a person who is not in an
impaired state, a police officer must tell the person—
(a) that the information is about to be taken from the person in
accordance with this section; and
(b) if the material is being taken for the purpose of identifying the
person—that the material is being taken to identify the person;
and
(c) if the material is being taken for the purpose of identifying the
person as having committed an offence—
(i) the offence allegedly committed by the person; and
(ii) that the identification material may be used in evidence in
proceedings in relation to the offence; and
(d) if subsection (1) applies—whether a magistrate has ordered that
the material may be taken.
(4) A police officer (the applicant) may apply to a magistrate for an order
allowing identification material to be taken from a person under
18 years old if any of the following apply (the grounds for the
application):
(a) if the person is in police custody—
(i) the applicant believes on reasonable grounds that taking
the material is necessary to identify the person, or identify
the person as having committed the offence for which the
person is in police custody; or
(ii) the applicant suspects on reasonable grounds that the
person has committed another offence and that the material
is likely to identify the person as having committed the
other offence;
(b) if the person is not in police custody—
(i) the applicant believes on reasonable grounds that taking
the material is necessary to identify the person; or
(ii) the applicant suspects on reasonable grounds that taking
the material is necessary to identify the person as having
committed a stated offence.
(5) The application must be made—
(a) in person; or
(b) if it is not practicable for the applicant to make the application
in person—by telephone, fax, email or any other means of
communication.
(6) The application must—
(b) be sworn on oath; and
Note Oath includes affirmation and swear an oath includes make an
affirmation (see Legislation Act, dict, pt 1).
(c) state—
(i) the name, age and home address of the person from whom
identification material would be taken (if known); and
(ii) the material that would be taken; and
(iii) the facts in support of the application; and
(iv) the grounds for the application; and
(v) if the person is in an impaired state—the nature of the
person’s impairment; and
(vi) any other information requested by the magistrate; and
(d) include any other information prescribed by regulation.
(7) A magistrate must not make an order allowing identification material
to be taken from a person under this section unless the magistrate is
satisfied that the information is reasonably necessary to identify the
person, or identify the person as having committed the offence for
which the person is in custody, the other offence or the stated offence.
(8) Before giving an explanation mentioned in subsection (3) to a person,
or taking identification material from a person in accordance with this
section, a police officer involved with giving the explanation or
taking the material must—
(a) allow someone with parental responsibility for the person to be
present when the explanation is given or the material is taken
if—
(i) it is practicable for a person with parental responsibility to
be present; and
(ii) the person does not object to the person with parental
responsibility being present; or
(b) if it is not practicable for, or the person objects to, someone with
parental responsibility for the person being present when the
explanation is given or the material is taken—
(i) allow an interview friend for the person to be present when
the explanation is given or the material is taken; and
(ii) as soon as practicable after the explanation is given or the
material is taken, take reasonable steps to tell someone
with parental responsibility for the person about the action
taken.
(9) A police officer may use force that is necessary and reasonable in the
circumstances to take identification material from a person under this
(10) If a police officer is required to use force to take identification
material from a person under this section (the forceful taking), the
police officer must ensure that the forceful taking is recorded by a
video recording.
(11) In this section:
interview friend, for a person, means an adult chosen by, or
acceptable to, the person, other than someone with parental
responsibility for the person.
parental responsibility, for a person, means all the duties, powers,
responsibilities and authority parents ordinarily have by law in
relation to their children.