Youth Justice Act 2005

An authorised officer or a police officer for the time being in charge of a police station may carry out an identifying procedure on a youth in the following circumstances:

the youth is in lawful custody in respect of an offence;

the youth has been charged with an offence;

the youth has been summoned to appear in proceedings against him or her for an offence;

an authorised officer has consented to proceedings in respect of an offence being brought against the youth by summons.

The officer may carry out the procedure if he or she is satisfied that the youth is 14 years of age or older.

If the officer considers the youth is younger than 14 years, the officer must apply to a Local Court Judge for approval to carry out the identifying procedure.

The officer may apply:

in person; or

if that is not practicable – by telephone.

The Local Court Judge may approve an identifying procedure being carried out after hearing the officer and the youth to whom the application relates.

The approval must:

be in writing; and

specify the identifying procedure that may be carried out.

The Local Court Judge must give or send a copy of the approval to the officer as soon as practicable.

The officer may proceed under the approval despite not having received it if he or she is informed of the approval by the Local

The officer may use reasonable force in carrying out the identifying procedure.