26ZLTaking fingerprints, recordings, samples of handwriting or photographs

26ZL Taking fingerprints, recordings, samples of handwriting or photographs

26ZL Taking fingerprints, recordings, samples of handwriting or photographs

(1) In this section—

identification material, in relation to a person, means prints of the person’s hands, fingers, feet or toes, recordings of the person’s voice, samples of the person’s handwriting or photographs (including video recordings) of the person.

(2) A police officer must not take identification material from a person who is being detained under a preventative detention order except in accordance with this section or section 26ZLA.

Maximum penalty—Imprisonment for 2 years.

(3) A police officer who is of the rank of sergeant or higher may take identification material from the person, or cause identification material from the person to be taken, if—

(a) the person consents in writing, or

(b) the police officer believes on reasonable grounds that it is necessary to do so for the purpose of confirming the person’s identity as the person specified in the order.

(4) A police officer may use such force as is necessary and reasonable in the circumstances to take identification material from a person under this section.

(5) Subject to this section, a police officer may only take identification material (other than hand prints, fingerprints, foot prints or toe prints) from a person who—

(a) is under 18 years of age, or

(b) has impaired intellectual functioning,

if the Supreme Court orders that the material be taken.

(6) The taking of identification material from a person who—

(a) is under 18 years of age, or

(b) has impaired intellectual functioning,

must be done in the presence of—

(c) a parent or guardian of the person, or

(d) if a parent or guardian of the person is not acceptable to the person—another appropriate person.

(7) Despite this section, identification material may be taken from a person who is under 18 years of age and is capable of managing his or her affairs if—