Handwriting samples obtained from persons in lawful custody on P59B forms pursuant to s 353A(3) of the Crimes Act 1900 (NSW) are lawfully obtained particulars of identification. No caution is required before obtaining such samples, as the provision of handwriting is not an admission or representation within the Evidence Act 1995. The decision in R v Browning (ACT) does not establish a general principle requiring exclusion of such samples; that decision turned on the particular ACT police instructions and the defendant's attitude as found in that case.
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