ACTIn ForceAct
Crimes (Child Sex Offenders) Act 2005
78AOrder allowing use of force for photographing offender
Start here
Get a plain-English read of 78A
Turn the raw legal text into a practical explanation grounded in Crimes (Child Sex Offenders) Act 2005.
78A Order allowing use of force for photographing offender
(1) A magistrate may, on application by a police officer, order the
photographing of a registrable offender if satisfied on the balance of
probabilities that—
(a) a police officer has required the offender to be photographed
under section 78 and the offender has failed to comply with the
requirement; and
(b) there are reasonable grounds to believe that photographing the
offender is likely to assist law enforcement, crime prevention or
child protection purposes; and
(c) allowing reasonable force to be used in photographing the
offender is justified in all the circumstances.
(2) For subsection (1) (c), the magistrate must consider the following:
(a) the seriousness of the circumstances surrounding the
commission of each offence that resulted in the offender being
on the register and the severity of each offence;
(b) the age, mental health and cultural background of the offender,
to the extent that they are known by the magistrate;
(c) if the offender gives any reasons for not complying with the
requirement—the reasons;
(d) any other circumstances that the magistrate considers relevant.
(3) An application under this section must be—
(a) made in writing; and
(b) supported by evidence on oath or by affidavit dealing with the
matters mentioned in this section.