(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 No. 37/2014 s. 10(Sch. or a summary offence referred to in item 36.25(a)). 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 a fingerscan of the person for the purpose only of identifying the person. (3) Before fingerscanning a person under this section, S. 464NA(3) amended by a police officer must inform the person, in No. 37/2014 s. 10(Sch. language likely to be understood by the person, item 36.25(a)). that the fingerscan— (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 No. 37/2014 s. 10(Sch. the relevant time or a police officer or above item the rank of sergeant; and 36.25(b)(ii)). S. 464NA(4)(b) (b) before fingerscanning the person, the police amended by officer informs the person, in language likely No. 37/2014 to be understood by the person, that s. 10(Sch. 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(6) (6) A fingerscan taken under this section is amended by inadmissible as evidence in any proceeding. No. 41/2004 s. 5(2).
S. 464NA(2) amended by No. 37/2014 s. 10(Sch. item 36.25(a)). (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 a fingerscan of the person for the purpose only of identifying the person. S. 464NA(3) amended by No. 37/2014 s. 10(Sch. item 36.25(a)). (3) Before fingerscanning a person under this section, a police officer 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 No. 37/2014 s. 10(Sch. item 36.25(b)(ii)). (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 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. S. 464NA(6) amended by No. 41/2004 s. 5(2). (6) A fingerscan taken under this section is inadmissible as evidence in any proceeding.
58-6231a249C.docx