78AOrder allowing use of force for photographing offender

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.