YOUTH JUSTICE ACT 1992 - SECT 25
Application by police officer for permission to take child’s identifying particulars
YOUTH JUSTICE ACT 1992 - SECT 25
Application by police officer for permission to take childâs identifying particulars
25 Application by police officer for permission to take childâs identifying
particulars
(1) This section applies if a child has been charged, without being arrested,
with an indictable offence or an offence against any of the following Acts
that is an arrest offenceâ
(2) A police officer
(the
"applicant" ) may apply to a Childrens Court magistrate (the
"court" ) to have all or any of the identifying particulars of the child
taken.
(3) The applicant must give notice of the application toâ
(a) the
child; and
(b) a parent of the child, unless a parent can not be found after
reasonable inquiry; and
(c) the chief executive.
(4) The court may decide
the application in the absence of a person mentioned in subsection (3) , if
the court is satisfied that subsection (3) has been complied with.
(5) On the
applicationâ
(a) the applicant and anyone mentioned in subsection (3) is
entitled to be heard and to provide evidence; and
(b) the court may act on
statements of information and belief.
(6) The court may order the identifying
particulars to be taken if it is satisfied, on the balance of probabilities,
of all the following factsâ
(b) there is evidence of identifying particulars of the offender that are of
the same type as the identifying particulars the applicant seeks to have taken
from the child;
(c) the child is reasonably suspected of being the offender;
(d) the order is necessary for the proper conduct of the investigation of the
offence.
(8) If the child will not be in custody when the particulars are taken,
the order must require the child to report to a police officer at a stated
police station between stated hours within 7 days to enable a police officer
to take the identifying particulars.
Maximum penalty (subject to part 7 )â10 penalty
units.
(10) If the child will be in custody when the particulars are taken,
the order must require the particulars to be taken at the place the child is
held in custody.