New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 136

136 Identification particulars of children under 14 years

(cf Crimes Act 1900 , s 353AA)

(1) This section applies to a child under the age of 14 years who is in lawful custody for an offence.

(2) A person must not take a photograph or the finger-prints or palm-prints of a child except in accordance with this section. Nothing in this section, however, prevents the taking of any child's photograph, finger-prints or palm-prints in accordance with the order of a court under section 134.

(3) A police officer of the rank of sergeant or above may, in respect of a child, apply--

(a) to the Children's Court, or

(b) if it is not possible to apply to the Children's Court within 72 hours after the taking of the child into custody, to an authorised officer,

for an order authorising, for the purpose only of identifying the child, the taking of the child's photograph, finger-prints and palm-prints.

(4) The Children's Court or authorised officer may hear the application and may make the order sought in the application.

(5) In determining whether to make the order, the Children's Court or authorised officer is to take into account the following--

(a) the seriousness of the circumstances surrounding the offence,

(b) the best interests of the child,

(c) the child's ethnic and cultural origins,

(d) so far as they can be ascertained, any wishes of the child with respect to whether the order should be granted,

(e) any wishes expressed by the parent or guardian of the child with respect to whether the order should be granted.

(6) A child must not be held in custody for the purpose only of an application being made under this section.