Crimes Act. Australia

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СКАЧАТЬ 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 (other than hand prints, finger prints, foot prints or toe prints) 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 magistrate orders that the material be taken.

      (6A) A constable must not take hand prints, finger prints, foot prints or toe prints 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;

      except in accordance with Part ID.

      (7) In deciding whether to make such an order, the magistrate 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 magistrate 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) is under 10 or is incapable of managing his or her affairs;

      if a magistrate orders that the material be taken.

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

      (a) is not a suspect; and

      (b) is at least 10 but under 18; and

      (c) is capable of managing his or her affairs;

      if one of the following paragraphs applies:

      (d) the person agrees in writing to the taking of the material and a parent or guardian of the person also agrees in writing or, if a parent or guardian 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 also agrees in writing;

      (e) if:

      (i) one of those persons agrees in writing to the taking of the material but the other does not; and

      (ii) a magistrate orders that the material be taken.

      (11) In deciding whether to make such an order, the magistrate must have regard to the matters set out in subsection (7).

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

      (a) is at least 18; and

      (b) is capable of managing his or her affairs; and

      (c) is not a suspect;

      if the person consents in writing.

      3ZK Destruction of identification material

      (1) If:

      (a) identification material has been taken from a person under section 3ZJ; and

      (b) a period of 12 months has elapsed since the identification material was taken; and

      (c) proceedings in respect of an offence to which the investigation material relates have not been instituted or have been discontinued;

      the identification material must be destroyed as soon as practicable.

      (2) If identification material has been taken from a person under section 3ZJ and:

      (a) the person is found to have committed an offence to which the identification material relates but no conviction is recorded; or

      (b) the person is acquitted of such an offence and:

      (i) no appeal is lodged against the acquittal; or

      (ii) an appeal is lodged against the acquittal and the acquittal is confirmed or the appeal is withdrawn;

      the identification material must be destroyed as soon as practicable unless an investigation into, or a proceeding against the person for, another offence to which the identification material relates is pending.

      (3) A magistrate may, on application by a constable, extend the period of 12 months referred to in subsection (1) or that period as previously extended under this subsection in relation to particular identification material if the magistrate is satisfied that there are special reasons for doing so.

      3ZL Offence of refusing to allow identification material to be taken

      (1) If a person is convicted of an offence, the judge or magistrate presiding at the proceedings at which the person was convicted may order:

      (a) the person to attend a police station; or

      (b) that a constable be permitted to attend on the person in a place of detention;

      within one month after the conviction to allow impressions of the person’s fingerprints and/or or a photograph of the person to be taken in accordance with the order.

      (2) A person must not refuse or fail to allow those impressions or a photograph of the person to be taken.

      Penalty: Imprisonment for 12 months.

      (3) Subsection (2) does not apply if the person has a reasonable excuse.

      Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

      (3A) The judge or magistrate may also make any other orders that are reasonably necessary for ensuring that the impressions of the person’s fingerprints and/or a photograph of the person are taken in accordance with the order under subsection (1). For example, the judge or magistrate may order the person СКАЧАТЬ