Victorian Consolidated Legislation

Crimes Act 1958 - SECT 464K

Fingerprinting of adults and children aged 15 or above

464K. Fingerprinting of adults and children aged 15 or above



(1) A member of the police force may take, or cause to be taken by an
authorised person, the fingerprints of a person of or above the age of 15
years who-

   (a)  is believed on reasonable grounds to have committed; or

   (b)  has been charged with; or

   (c)  has been summonsed to answer to a charge for-

an indictable offence or a summary offence referred to in Schedule 7.

(2) A member of the police force intending to fingerprint a person under this
section must inform the person in language likely to be understood by him or
her-

   (a)  of the purpose for which the fingerprints are required; and

   (b)  of the offence which the person is believed to have committed or with
        which the person has been charged or for which the person has been
        summonsed to answer to a charge; and

   (c)  that the fingerprints may be used in evidence in court; and

   (d)  that if the person refuses to give his or her fingerprints
        voluntarily, a member of the police force may use reasonable force to
        obtain them; and

   (e)  that if the person is not charged with a relevant offence within 6
        months or is so charged but the charge is not proceeded with or the
        person is not found guilty of the offence or any other relevant
        offence before the end of that period, the fingerprints will be
        destroyed.

(3) Subject to subsection (4), the member of the police force who informs a
person of the matters in subsection (2) must-

   (a)  record (whether by audio recording or audiovisual recording); or



   (b)  record in writing signed by the person-

the giving of that information and the person's responses, if any.

(4) If a person is in custody within the meaning of this Subdivision in
relation to an indictable offence, the giving of the information under
subsection (2) and the person's responses, if any, must be recorded by audio
recording or audiovisual recording.

(5) If information and a person's responses are recorded by audio recording or
audiovisual recording in accordance with this section, the member of the
police force giving the information must give or send by post to the person or
his or her legal practitioner without charge-

   (a)  the recording (whether audio recording or audiovisual recording) or a
        copy of it within 7 days; and

   (b)  if a transcript of the recording is prepared, a copy of the transcript
        as soon as practicable.



(6) If information and a person's responses are recorded in writing in
accordance with this section, the member requesting the person's fingerprints
must give to the person, or cause the person to be given, a copy of the signed
record forthwith.

(7) A member of the police force may use reasonable force to take the
fingerprints of a person referred to in subsection (1) who refuses to give
them voluntarily if the use of reasonable force is authorised by a member in
charge of a police station at the time of the request or a member of or above
the rank of sergeant.

(8) If the person from whom fingerprints are required is a child aged 15, 16
or 17 years-

   (a)  a parent or guardian of the child or, if a parent or guardian cannot
        be located, an independent person must be present during the request
        for the fingerprints, the giving of the information referred to in
        subsection (2) and the taking of the fingerprints; and

   (b)  if the use of reasonable force has been authorised in accordance with
        subsection (7), the taking of the fingerprints must be recorded by
        audiovisual recording, if practicable, or by audio recording.