464PRecords of juvenile

464P Records of juvenile

S. 464P(1A) inserted by No. 35/2002 s. 5, amended by No. 41/2004 s. 7.

(1A) In this section, fingerprints includes fingerscan taken under section 464NA or any other provision of this Subdivision.

(1) Subject to subsection (2), if—

(a) a person is fingerprinted as a child in accordance with this Subdivision, whether before or after the commencement of section 7 of the Crimes (Amendment) Act 1993; and

(b) the fingerprints are not required to be destroyed under this Subdivision; and

(c) the person is not found guilty of any further offence before attaining the age of 26 years; and

(d) in the case of fingerprints taken before the commencement of section 7 of that Act, a request has been made to the Chief Commissioner of Police for their destruction—

the Chief Commissioner must without delay destroy the fingerprints and any record, copy or photograph of them, or cause them to be destroyed.

S. 464P(2) amended by Nos 77/2005 s. 8(3)(c), 7/2008 s. 7(3)(e), 63/2014 s. 3(4), substituted by No. 5/2018 s. 8.

(2) Subsection (1) does not apply to fingerprints retained as a result of a finding of guilt of an offence if—

(a) the offence is—

(i) an offence against this Act; or

(ii) an offence at common law the maximum penalty for which is specified by this Act; and

(b) the offence is punishable by level 4 imprisonment (15 years maximum) or more (however the penalty is described).

S. 464Q inserted by No. 38/1988 s. 4,
amended by Nos 25/1989 ss 11(g)(h), 13(a)(b), 56/1989 s. 286(Sch. 2 item 7.14), 57/1989 s. 5(1)(g)(i)(ii), substituted by No. 129/1993 s. 7.