Fingerprint Forensic Procedures
The Crimes (Forensic Procedure) Act 2002 (NSW) sets out the different Forensic Procedures the police are able to perform in respect to fingerprints.
Power to take fingerprints
When a person is taken into custody for an offence, a police officer may take all particulars that are necessary to identify that person. For persons over 14 years of age, these particulars may include fingerprints, photographs and palmprints.
The police will take prints as soon as possible after taking the person to the station for charging. That person’s consent is not required.
Forensic procedure application
If a person is not in police custody, the police do not have the power to obtain fingerprints without an order. The police can however apply for an order from the court seeking that the person’s fingerprints be taken.
Destruction of fingerprints
If a person is found not guilty, has their conviction overturned on appeal or if proceedings in respect of the offence have not been instituted within 12 months of taking the fingerprints or palm-prints, that person may apply to the Commissioner of Police to destroy their fingerprints or palmprints.
Section 137A of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) requires the Commissioner of Police to ensure that the fingerprints or palmprints are destroyed as soon as reasonably practicable after receiving the request.
Persons under 14 years of age
The police do not have the power to take fingerprints, photographs and/or palmprints to identify persons under the age of 14. However, a court may order the police to take the fingerprints of a child under the age of 14.
If a court does not make such an order, a police officer may apply to the Children’s Court or, if not possible to apply to the Children’s Court within 72 hours of taking the child into custody, to an authorised officer, for an order authorising them to do so.
The Children’s Court or authorised officer will consider the seriousness of the circumstances surrounding the offence, the best interests and wishes of the child, and any wishes expressed by the parent or guardian of the child.
A child cannot be held in custody purely for the purpose of such an application being made to the Children’s Court or authorised officer.
If you would like assistance regarding forensic procedures please contact us.
This article was written by Trudie Cameron
Trudie Cameron is the Principal Lawyer | Practice Leader – NSW & ACT and is responsible for supervising and managing the New South Wales Criminal Law team in addition to her own caseload. She practices in both NSW and the ACT. Trudie is an accredited specialist in criminal law, practising exclusively in criminal and traffic law. Trudie defends clients charged...
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