sec.474Destruction of identifying particulars

### sec.474 Destruction of identifying particulars If a person is found not guilty of an identifying particulars offence or is not further proceeded against for the offence, any identifying particulars taken under this part in relation to the offence must be destroyed within a reasonable time in the presence of a justice. Subsection (1) does not apply if— the person has been proceeded against for another identifying particulars offence the charge of which has not been decided; or the person has previously been found guilty of another identifying particulars offence, whether before or after the commencement of this section; or the identifying particulars are required for the investigation of another identifying particulars offence the person is reasonably suspected of having committed; or the person is not proceeded against for the identifying particulars offence because the person has been found incapable of standing trial because of mental illness. If, because of subsection (2) (a) , a person’s identifying particulars are not destroyed and the person is found not guilty of the other identifying particulars offence or the charge of that other offence is not proceeded with, the identifying particulars must be destroyed within a reasonable time after the relevant event happens. However, the identifying particulars must not be destroyed under subsection (3) if subsection (2) continues to apply to the person. If— the person is a child; and the Youth Justice Act 1992 applies for proceeding against the child for the identifying particulars offence; and the child pleads guilty before the court; and the court dismisses the charge and refers the offence to the chief executive (communities) for a restorative justice process under the Youth Justice Act 1992 , section 24A ; the requirement to destroy the identifying particulars under subsection (1) does not apply until the child discharges the obligations under a restorative justice agreement made as a consequence of the referral. In this section— identifying particulars , of a person, includes a photograph of the identifying particulars. restorative justice agreement see the Youth Justice Act 1992 , schedule 4 . restorative justice process see the Youth Justice Act 1992 , schedule 4 . s 474 ins 2000 No. 22 s 18 sub 2003 No. 49 s 10 amd 2016 No. 39 s 8B ; 2024 No. 24 s 57 sch 1 pt 2 (sec.474-ssec.1) If a person is found not guilty of an identifying particulars offence or is not further proceeded against for the offence, any identifying particulars taken under this part in relation to the offence must be destroyed within a reasonable time in the presence of a justice. (sec.474-ssec.2) Subsection (1) does not apply if— the person has been proceeded against for another identifying particulars offence the charge of which has not been decided; or the person has previously been found guilty of another identifying particulars offence, whether before or after the commencement of this section; or the identifying particulars are required for the investigation of another identifying particulars offence the person is reasonably suspected of having committed; or the person is not proceeded against for the identifying particulars offence because the person has been found incapable of standing trial because of mental illness. (sec.474-ssec.3) If, because of subsection (2) (a) , a person’s identifying particulars are not destroyed and the person is found not guilty of the other identifying particulars offence or the charge of that other offence is not proceeded with, the identifying particulars must be destroyed within a reasonable time after the relevant event happens. (sec.474-ssec.4) However, the identifying particulars must not be destroyed under subsection (3) if subsection (2) continues to apply to the person. (sec.474-ssec.4A) If— the person is a child; and the Youth Justice Act 1992 applies for proceeding against the child for the identifying particulars offence; and the child pleads guilty before the court; and the court dismisses the charge and refers the offence to the chief executive (communities) for a restorative justice process under the Youth Justice Act 1992 , section 24A ; the requirement to destroy the identifying particulars under subsection (1) does not apply until the child discharges the obligations under a restorative justice agreement made as a consequence of the referral. (sec.474-ssec.5) In this section— identifying particulars , of a person, includes a photograph of the identifying particulars. restorative justice agreement see the Youth Justice Act 1992 , schedule 4 . restorative justice process see the Youth Justice Act 1992 , schedule 4 . - (a) the person has been proceeded against for another identifying particulars offence the charge of which has not been decided; or - (b) the person has previously been found guilty of another identifying particulars offence, whether before or after the commencement of this section; or - (c) the identifying particulars are required for the investigation of another identifying particulars offence the person is reasonably suspected of having committed; or - (d) the person is not proceeded against for the identifying particulars offence because the person has been found incapable of standing trial because of mental illness. - (a) the person is a child; and - (b) the Youth Justice Act 1992 applies for proceeding against the child for the identifying particulars offence; and - (c) the child pleads guilty before the court; and - (d) the court dismisses the charge and refers the offence to the chief executive (communities) for a restorative justice process under the Youth Justice Act 1992 , section 24A ;