(2) If a person of or above the age of 15 years— S. 464NA(2) amended by (a) has been charged with an indictable offence Nos 37/2014 s. 10(Sch. or a summary offence referred to in item 36.25(a)), Schedule 7; and 59/2015 s. 26(1). (b) is present in a police station because of the charging or has been remanded in custody in relation to the charge— a police officer may take, or cause to be taken by an authorised person, a fingerscan of the person for the purpose only of identifying the person. (3) A police officer intending to fingerscan a person S. 464NA(3) amended by under this section must inform the person, in Nos 37/2014 s. 10(Sch. language likely to be understood by the person, item 36.25(a)), that the fingerscan— 59/2015 s. 26(2). (a) is to be taken only for the purpose of identifying the person; and (b) is inadmissible as evidence. (4) A police officer may use reasonable force to take S. 464NA(4) amended by the fingerscan of a person referred to in No. 37/2014 s. 10(Sch. subsection (2) who refuses to allow it to be taken item 36.25 voluntarily if— (b)(i)). S. 464NA(4)(a) (a) the use of reasonable force is authorised by a amended by police officer in charge of a police station at Nos 37/2014 s. 10(Sch. the relevant time or a police officer of or item above the rank of sergeant; and 36.25(b)(ii)), 20/2015 s. 49. (b) before fingerscanning the person, the police S. 464NA(4)(b) amended by officer informs the person, in language likely No. 37/2014 s. 10(Sch. to be understood by the person, that item 36.25 reasonable force may be used to obtain it. (b)(i)). (5) A person of the same sex as the person to be fingerscanned must, if practicable, take the fingerscan.
S. 464NA(2) amended by Nos 37/2014 s. 10(Sch. item 36.25(a)), 59/2015 s. 26(1). (2) If a person of or above the age of 15 years— (a) has been charged with an indictable offence or a summary offence referred to in Schedule 7; and (b) is present in a police station because of the charging or has been remanded in custody in relation to the charge— a police officer may take, or cause to be taken by an authorised person, a fingerscan of the person for the purpose only of identifying the person. S. 464NA(3) amended by Nos 37/2014 s. 10(Sch. item 36.25(a)), 59/2015 s. 26(2). (3) A police officer intending to fingerscan a person under this section must inform the person, in language likely to be understood by the person, that the fingerscan— (a) is to be taken only for the purpose of identifying the person; and (b) is inadmissible as evidence. S. 464NA(4) amended by No. 37/2014 s. 10(Sch. item 36.25 (b)(i)). (4) A police officer may use reasonable force to take the fingerscan of a person referred to in subsection (2) who refuses to allow it to be taken voluntarily if— S. 464NA(4)(a) amended by Nos 37/2014 s. 10(Sch. item 36.25(b)(ii)), 20/2015 s. 49. (a) the use of reasonable force is authorised by a police officer in charge of a police station at the relevant time or a police officer of or above the rank of sergeant; and S. 464NA(4)(b) amended by No. 37/2014 s. 10(Sch. item 36.25 (b)(i)). (b) before fingerscanning the person, the police officer informs the person, in language likely to be understood by the person, that reasonable force may be used to obtain it. (5) A person of the same sex as the person to be fingerscanned must, if practicable, take the fingerscan.
58-6231a251.docx