464MChildren's Court may order fingerprinting

464M Children's Court may order fingerprinting

S. 464M(1) amended by Nos 37/2014 s. 10(Sch. item 36.24), 32/2024 s. 806(1).

(1) If a child referred to in section 464L(2) or the child's parent or guardian refuses to consent to the taking of the child's fingerprints or the parent or guardian cannot be located, a police officer may apply to the Children's Court for an order under subsection (5).

(2) An application under subsection (1)—

S. 464M(2)(a) amended by No. 6/2018 s. 68(Sch. 2 item 35.3).

(b) if the child is held in a police gaol or is detained in a youth residential centre, must state that fact.

(3) Notice of an application under subsection (1) must be served on—

(a) a parent or guardian of the child; and

(b) if the child is not in custody within the meaning of this Subdivision, the child.

(4) The court may dispense with the requirement of subsection (3)(a) if satisfied that it is impracticable for the applicant to comply.

S. 464M(5) amended by No. 32/2024 s. 806(2).

(5) The Children's Court may make an order directing a child who is 12 years of age or over but under 15 years of age to give the child's fingerprints if satisfied on the balance of probabilities that—

(a) there are reasonable grounds to believe that the child has committed an indictable offence or a summary offence referred to in Schedule 7; and

(b) in all the circumstances the making of the order is justified.

(6) In considering whether the making of the order is justified, the court must take into account amongst other things—

(a) the seriousness of the circumstances surrounding the commission of the offence; and

(b) the alleged degree of participation by the child in the commission of the offence; and

(c) the age of the child.

(7) A child in respect of whom an application under subsection (1) is made—

(c) may not address the court, other than in respect of any matter referred to in subsection (5)(a) or (b) or subsection (6).

S. 464M(8) amended by No. 35/1996

(8) In exercising the right of address under subsection (7)(c), a child may be represented by a legal practitioner or, with the leave of the court, a parent or guardian of the child.

(9) If the court makes an order under subsection (5)—

(a) a parent or guardian of the child or, if a parent or guardian cannot be located, an independent person must be present during the taking of the child's fingerprints; and

S. 464M(9)(b) amended by No. 37/2014 s. 10(Sch. item 36.24).