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Fingerprinting and Photographs
Identification of particulars by the Police
What if you are under 17?
Identification of particulars by the Police
Identifying Particulars means:
You can volunteer your identifying particulars but you cannot be photographed, finger or footprinted without your consent (or your parent or guardian’s consent) if you have not been arrested. If it does happen without your consent/permission tell your lawyer straight away.
Under the new Policing Act 2008, a police constable can use reasonable force to take your identifying particulars if:
1) you are cautioned and is in lawful custody for committing a crime, or
2) if the police suspects you are committing an offence and intends to take you to court.
The police can take your identifying particulars at any police place, such as the police station, police car or any police premises. They can detain you to take your identifying particulars but only for a reasonable period to take your particulars.
You maybe committing an offence if you have been cautioned and yet, do not comply with the police.
The police must destroy your identifying particulars within reasonable time if they decide not to take you to court or if you are later acquitted. However, if you are diverted or dealt with by Police warning, the charge is withdrawn, or you are discharged, the police can still keep your fingerprints.
[ss32-34 Policing Act 2008]
What if you are under 17?
If you are under 17 and you end up getting a warning from Youth Aid and your name is recorded, the Police have to destroy your case file when you are 20.
Over 17
Files held by the police, relating to minor matters (like traffic offences) are destroyed after 2 or 3 years.
Files for more serious offences (like indecent assault) are usually destroyed after 5 years.
Files for very serious offences (like murder and rape) are kept by police for 5 years and then sent to the Police National Archives where they are either kept or destroyed.
Where are the files kept?
Records of convictions in the adult courts and records of cases proved against you in the Youth Court are still kept on the Wanganui Computer.
The Department for Courts have access to this information.
The police only have access to your name and address and notification that you have a history, but not what it is. The police sometimes keep files on particular offenders if their offences are serious and there is a high likelihood on ongoing offending. These are usually destroyed within a 2-3 year period if there is no further offending.
Go here to also see Your Rights under 17.
What if you are under 17?
Identification of particulars by the Police
Identifying Particulars means:
a) your biographical details i.e. name, address and date of birth
b) your photograph
c) fingerprints, palm prints and footprints.
You can volunteer your identifying particulars but you cannot be photographed, finger or footprinted without your consent (or your parent or guardian’s consent) if you have not been arrested. If it does happen without your consent/permission tell your lawyer straight away.
Under the new Policing Act 2008, a police constable can use reasonable force to take your identifying particulars if:
1) you are cautioned and is in lawful custody for committing a crime, or
2) if the police suspects you are committing an offence and intends to take you to court.
The police can take your identifying particulars at any police place, such as the police station, police car or any police premises. They can detain you to take your identifying particulars but only for a reasonable period to take your particulars.
You maybe committing an offence if you have been cautioned and yet, do not comply with the police.
The police must destroy your identifying particulars within reasonable time if they decide not to take you to court or if you are later acquitted. However, if you are diverted or dealt with by Police warning, the charge is withdrawn, or you are discharged, the police can still keep your fingerprints.
[ss32-34 Policing Act 2008]
What if you are under 17?
If you are under 17 and you end up getting a warning from Youth Aid and your name is recorded, the Police have to destroy your case file when you are 20.
Over 17
Files held by the police, relating to minor matters (like traffic offences) are destroyed after 2 or 3 years.
Files for more serious offences (like indecent assault) are usually destroyed after 5 years.
Files for very serious offences (like murder and rape) are kept by police for 5 years and then sent to the Police National Archives where they are either kept or destroyed.
Where are the files kept?
Records of convictions in the adult courts and records of cases proved against you in the Youth Court are still kept on the Wanganui Computer.
The Department for Courts have access to this information.
The police only have access to your name and address and notification that you have a history, but not what it is. The police sometimes keep files on particular offenders if their offences are serious and there is a high likelihood on ongoing offending. These are usually destroyed within a 2-3 year period if there is no further offending.
Go here to also see Your Rights under 17.
Jeanierich |
Latest page update: made by Jeanierich
, May 19 2009, 6:58 PM EDT
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proof reading completed, tags added, slight formatting changes
- Jeanierich
23 words added 14 words deleted view changes - complete history) |
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