Document ID: chunk:federal_register_of_legislation:C2004A04741:body:0:p21
Version: federal_register_of_legislation:C2004A04741
Segment Type: other
Provision Reference: 
Character Range: 49080–51721

must not:

     (a) take identification material from a person who is in lawful custody in respect of an offence except in accordance with this section; or

     (b) require any other person to submit to the taking of identification material, but nothing in this paragraph prevents such a person consenting to the taking of identification material.

"(3) If a person is in lawful custody in respect of an offence, a constable who is of the rank of sergeant or higher or who is for the time being in charge of a police station 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 constable believes on reasonable grounds that it is necessary to do so to:

      (i) establish who the person is; or

      (ii) identify the person as the person who committed the offence; or

      (iii) provide evidence of, or relating to, the offence; or

    (c) the constable suspects on reasonable grounds that the person has committed another offence and the identification material is to be taken for the purpose of identifying the person as the person who committed the other offence or of providing evidence of, or relating to, the other offence.

"(4)  A constable 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 subsection (9), a constable must not take identification material from a person who is under 10.

"(6) Subject to this section, a constable must not take identification material from a suspect who:

     (a) is at least 10 but under 18, or is incapable of managing his or her affairs; and

  (b) has not been arrested and charged;

unless a court orders that the material be taken.

"(7) In deciding whether to make such an order, the court must have regard to:

  (a) the seriousness of the offence; and

  (b) the age or any disability of the person; and

  (c) such other matters as the court thinks fit.

  "(8) The taking of identification material from a person who:

  (a) is under 18; or

  (b) is incapable of managing his or her affairs;

must be done in the presence of:

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

    (d) if the parent or guardian of the person is not acceptable to the person, another person (other than a constable) who is capable of representing the interests of the person and who, as far as is practicable in the circumstances, is acceptable to the person.

"(9) Despite this section, identification material may be taken from a person who:

  (a) is not a suspect; and

  (b)