464LFingerprinting of children aged 14 or under

464L Fingerprinting of children aged 14 or under

S. 464L(1) substituted by No. 32/2024 s. 805(1).

(1) A police officer must not do any of the following in respect of a child who was under 12 years of age at the time that the child is alleged to have done any act or made any omission which would constitute an offence if the child had been of the age of criminal responsibility—

(a) request the child to give the child's fingerprints;

(b) take fingerprints from the child;

(c) cause any other person to take fingerprints from the child.

It is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the Youth Justice Act 2024.

(a) be requested to give his or her fingerprints; or

(b) have his or her fingerprints taken.

S. 464L(2) amended by Nos 37/2014 s. 10(Sch. item 36.23(a)), 32/2024 s. 805(2).

(2) A police officer may take, or cause to be taken by an authorised person, the fingerprints of a child who is 12 years of age or over but under 15 years of age and who—

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

an indictable offence or a summary offence referred to in Schedule 7 if—

(d) both the child and a parent or guardian of the child consent; or

(e) where consent is refused or the parent or guardian cannot be located, the Children's Court makes an order under section 464M(5).

S. 464L(3) amended by No. 37/2014 s. 10(Sch. item 36.23(a)).

(3) A police officer wishing to fingerprint a child referred to in subsection (2) must inform the child and the parent or guardian of the child in language likely to be understood by each of them—

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

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

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

S. 464L(3)(d) amended by No. 44/2022 s. 81(1).

(d) that the child, or the child's parent or guardian, may refuse consent to the child's fingerprints being taken; and

S. 464L(3)(e) amended by No. 32/2024 s. 805(3).

(e) that if consent is refused, an application may be made to the Children's Court for an order directing the child to give the child's fingerprints; and

S. 464L(3)(f) amended by No. 44/2022 s. 81(2).

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