464KFingerprinting of adults and children aged 15 or above

464K Fingerprinting of adults and children aged 15 or above

S. 464K(1) amended by No. 37/2014 s. 10(Sch. item 36.22(a)).

(1) A police officer may take, or cause to be taken by an authorised person, the fingerprints of a person of or above the age of 15 years who—

(a) is believed on reasonable grounds to have committed; or

an indictable offence or a summary offence referred to in Schedule 7.

S. 464K(2) amended by No. 37/2014 s. 10(Sch. item 36.22(a)).

(2) A police officer intending to fingerprint a person under this section must inform the person in language likely to be understood by him or her—

(a) of the purpose for which the fingerprints are required; and

(b) of the offence which the person is believed to have committed or with which the person has been charged or for which the person has been summonsed to answer to a charge; and

(c) that the fingerprints may be used in evidence in court; and

S. 464K(2)(d) amended by No. 37/2014 s. 10(Sch. item 36.22(a)).

(d) that if the person refuses to give his or her fingerprints voluntarily, a police officer may use reasonable force to obtain them; and

S. 464K(2)(e) amended by No. 44/2022 s. 80(1).

(e) that if the person is not charged with a relevant offence within 6 months or is so charged but the charge is not proceeded with or the person is not found guilty of the offence or any other relevant offence before the end of that period, the fingerprints will be destroyed; and

S. 464K(2)(f) inserted by No. 44/2022 s. 80(2).

(f) that if the person is or has been fingerprinted under this Subdivision on another occasion, section 464O(3A) may apply to the collective destruction of the person's fingerprints; and

S. 464K(2)(g) inserted by No. 44/2022 s. 80(2).

(g) that the fingerprints may not be destroyed if the person dies before the fingerprints are required to be destroyed; and

S. 464K(2)(h) inserted by No. 44/2022 s. 80(2).

(h) that the fingerprints may be used for the purposes specified in section 464NB.

S. 464K(3) amended by No. 37/2014 s. 10(Sch. item 36.22(a)).

(3) Subject to subsection (4), the police officer who informs a person of the matters in subsection (2) must—

S. 464K(3)(a) substituted by No. 27/2006 s. 17(9).

(a) record (whether by audio recording or audiovisual recording); or

(b) record in writing signed by the person—

the giving of that information and the person's responses, if any.

S. 464K(4) amended by No. 27/2006 s. 17(10).