Taking identification material
13AZZD Taking identification material
S. 13AZZD inserted by No. 32/2018 s. 9.
A police officer must not take identification material from a person who is being detained under this Part except in accordance with this section.
Note
A contravention of this subsection may be an offence under section 13AZZX.
A police officer who is of or above the rank of sergeant may take identification material from the person, or cause identification material from the person to be taken, if—
the person consents in writing; or
the police officer believes on reasonable grounds that it is necessary to do so for the purpose of confirming the person's identity as the person in relation to whom the police detention decision is made; or
the police officer believes on reasonable grounds that it is necessary to do so for the purpose of documenting an illness or injury suffered by the person while being detained under this Part.
A police officer may use such force as is necessary and reasonable in the circumstances to take identification material from a person under this section.
Subject to this section, a police officer must not take identification material (other than hand prints, finger prints, foot prints or toe prints) from—
a child; or
a person who is incapable of managing their affairs—
unless the Magistrates' Court or the Children's Court (in the case of a child) orders that the material be taken.
Note
A contravention of this subsection may be an offence under section 13AZZX.
In deciding whether to make an order referred to in subsection (4), the Magistrates' Court or the Children's Court (as the case requires) must have regard to—
the age, or any disability, of the person; and
such other matters as it thinks fit.
The taking of identification material from a child, or a person who is incapable of managing their affairs, must be done in the presence of—
a parent or guardian of the person; or
if a parent or guardian of the person is not acceptable to the person—another appropriate person.
Notes
1 For appropriate person, see section 13AZZC.
2 A contravention of this subsection may be an offence under section 13AZZX.
S. 13AZZD(7) amended by No. 2/2024 s. 41(2).
Despite this section, identification material may be taken from a child, or a person who is incapable of managing their affairs, if—
subsections (9) and (10) are satisfied; or
subsection (9) or (10) is satisfied (but not both) and the Children's Court orders that the material be taken.
In deciding whether to make an order referred to in subsection (7)(b), the Children's Court must have regard to the matters set out in subsection (5).
For the purposes of subsection (7), this subsection is satisfied if the child or person agrees in writing to the taking of the material.
For the purposes of subsection (7), this subsection is satisfied if either of the following agrees in writing to the taking of the material—
a parent or guardian of the child or person;
if a parent or guardian is not acceptable to the child or person—another appropriate person.
Note
For appropriate person, see section 13AZZC.
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