464NTaking of fingerprints

464N Taking of fingerprints

S. 464N(1) inserted by No. 41/2004 s. 4(1).

(1) Fingerprints may be taken by means of a device to obtain a record of the fingerprints (a fingerscan) or by any other means.

S. 464N(2) amended by Nos 41/2004 s. 4(2), 37/2014 s. 10(Sch. item 36.24).

(2) If—

(a) fingerprints are to be taken in accordance with a court order; or

(b) reasonable force is to be used to take fingerprints—

a person of the same sex as the person to be fingerprinted must, if practicable, take the fingerprints and a police officer involved in investigating the offence for which the fingerprints are required must not, if practicable, take the fingerprints.

S. 464NA inserted by No. 35/2002 s. 3.

464NA Fingerscanning for identification purposes

S. 464NA(1) repealed by No. 41/2004 s. 5(1).

S. 464NA(2) amended by Nos 37/2014 s. 10(Sch. item 36.25(a)), 59/2015 s. 26(1).

(2) If a person of or above the age of 15 years—

(a) has been charged with an indictable offence or a summary offence referred to in Schedule 7; and

(b) is present in a police station because of the charging or has been remanded in custody in relation to the charge—

a police officer may take, or cause to be taken by an authorised person, a fingerscan of the person for the purpose only of identifying the person.

S. 464NA(3) amended by Nos 37/2014 s. 10(Sch. item 36.25(a)),
59/2015 s. 26(2).

(3) A police officer intending to fingerscan a person under this section must inform the person, in language likely to be understood by the person, that the fingerscan—

(a) is to be taken only for the purpose of identifying the person; and

(b) is inadmissible as evidence.

S. 464NA(4) amended by No. 37/2014 s. 10(Sch. item 36.25 (b)(i)).

(4) A police officer may use reasonable force to take the fingerscan of a person referred to in subsection (2) who refuses to allow it to be taken voluntarily if—

S. 464NA(4)(a) amended by Nos 37/2014 s. 10(Sch. item 36.25(b)(ii)), 20/2015 s. 49.

(a) the use of reasonable force is authorised by a police officer in charge of a police station at the relevant time or a police officer of or above the rank of sergeant; and

S. 464NA(4)(b) amended by No. 37/2014 s. 10(Sch. item 36.25 (b)(i)).

(b) before fingerscanning the person, the police officer informs the person, in language likely to be understood by the person, that reasonable force may be used to obtain it.