CRIMES ACT 1958 - SECT 464K Fingerprinting of adults and children aged 15 or above
CRIMES ACT 1958 - SECT 464K
Fingerprinting of adults and children aged 15 or aboveS. 464K(1) amended by No. 37/2014 s. 10(Sch. item 36.22(a)).
(1) A police officer 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.
S. 464K(2) amended by No. 37/2014 s. 10(Sch. item 36.22(a)).
(2) A police officer 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
S. 464K(2)(d) amended by No. 37/2014 s. 10(Sch. item 36.22(a)).
(d) that if the person refuses to give his or her fingerprints voluntarily, a police officer may use reasonable force to obtain them; and
S. 464K(2)(e) amended by No. 44/2022 s. 80(1).
(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; and
S. 464K(2)(f) inserted by No. 44/2022 s. 80(2).
(f) that if the person is or has been fingerprinted under this Subdivision on another occasion, section 464O(3A) may apply to the collective destruction of the person's fingerprints; and
S. 464K(2)(g) inserted by No. 44/2022 s. 80(2).
(g) that the fingerprints may not be destroyed if the person dies before the fingerprints are required to be destroyed; and
S. 464K(2)(h) inserted by No. 44/2022 s. 80(2).
(h) that the fingerprints may be used for the purposes specified in section 464NB.
S. 464K(3) amended by No. 37/2014 s. 10(Sch. item 36.22(a)).
(3) Subject to subsection (4), the police officer who informs a person of the matters in subsection (2) must—
S. 464K(3)(a) substituted by No. 27/2006 s. 17(9).
(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.
S. 464K(4) amended by No. 27/2006 s. 17(10).
(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.
S. 464K(5) amended by Nos 27/2006 s. 17(11)(a), 37/2014 s. 10(Sch. item 36.22(a)).
(5) If information and a person's responses are recorded by audio recording or audiovisual recording in accordance with this section, the police officer giving the information must give or send by post to the person or his or her legal practitioner without charge—
S. 464K(5)(a) amended by No. 27/2006 s. 17(11)(b).
(a) the recording (whether audio recording or audiovisual recording) or a copy of it within 7 days; and
S. 464K(5)(b) amended by No. 27/2006 s. 17(11)(c).
(b) if a transcript of the recording is prepared, a copy of the transcript as soon as practicable.
S. 464K(6) amended by No. 37/2014 s. 10(Sch. item 36.22(b)).
(6) If information and a person's responses are recorded in writing in accordance with this section, the police officer requesting the person's fingerprints must give to the person, or cause the person to be given, a copy of the signed record forthwith.
S. 464K(7) amended by No. 37/2014 s. 10(Sch. item 36.22(c)).
(7) A police officer 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 police officer in charge of a police station at the time of the request or a police officer of or above the rank of sergeant.
S. 464K(8) amended by No. 72/2004 s. 28.
(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
S. 464K(8)(b) amended by No. 27/2006 s. 17(12).
(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.
S. 464L inserted by No. 38/1988 s. 4, amended by No. 23/1991 s. 5(a)(b), substituted by No. 129/1993 s. 7.