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CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 84 Identifying material

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 84

Identifying material

(1)     In this section—

identifying material , for a young person, means prints of his or her hands, fingers, feet or toes, recordings of his or her voice, photographs of him or her, samples of his or her handwriting or material from his or her body.

police officer means the police officer for the time being in charge of a police station.

(2)     An authorised officer or a police officer may only take, or cause to be taken, identifying material of a young person if a magistrate has approved the taking of the identifying material.

(3)     Identifying material that consists of material from the body of a young person may only be taken in accordance with this section by a doctor.

(4)     An authorised officer or a police officer may—

        (a)     make application to a magistrate in person; or

        (b)     if it is not practicable for the officer to do so—make application to a magistrate by telephone;

for approval to take identifying material of a young person who is in lawful custody in relation to an offence or of a young person against whom a proceeding has been instituted by summons in relation to an offence.

(5)     The magistrate may, if he or she thinks it proper in the circumstances, give his or her approval, in writing, for the taking of stated identifying material and must send the written approval to the applicant.

(6)     If the magistrate tells the applicant by telephone of the magistrate's approval, the applicant may proceed under the approval even though written approval has not been given.

(7)     If identifying material of a young person is taken in accordance with this section, the authorised officer or police officer must, as soon as practicable, take all reasonable steps to give notice to a person with parental responsibility for the young person about the action taken.