136Identification particulars of children under 14 years

#### 136 Identification particulars of children under 14 years 136 Identification particulars of children under 14 years (cf [Crimes Act 1900](/view/html/inforce/current/act-1900-040), s 353AA) > > (1) This section applies to a child under the age of 14 years who is in lawful custody for an offence. > > > (2) A person must not take a photograph or the finger-prints or palm-prints of a child except in accordance with this section. Nothing in this section, however, prevents the taking of any child’s photograph, finger-prints or palm-prints in accordance with the order of a court under section 134. > > > (3) A police officer of the rank of sergeant or above may, in respect of a child, apply— > > > > > (a) to the Children’s Court, or > > > > > (b) if it is not possible to apply to the Children’s Court within 72 hours after the taking of the child into custody, to an authorised officer, > > > > for an order authorising, for the purpose only of identifying the child, the taking of the child’s photograph, finger-prints and palm-prints. > > > (4) The Children’s Court or authorised officer may hear the application and may make the order sought in the application. > > > (5) In determining whether to make the order, the Children’s Court or authorised officer is to take into account the following— > > > > > (a) the seriousness of the circumstances surrounding the offence, > > > > > (b) the best interests of the child, > > > > > (c) the child’s ethnic and cultural origins, > > > > > (d) so far as they can be ascertained, any wishes of the child with respect to whether the order should be granted, > > > > > (e) any wishes expressed by the parent or guardian of the child with respect to whether the order should be granted. > > > (6) A child must not be held in custody for the purpose only of an application being made under this section.