MLL218 Study Guide - Final Guide: Breach (Security Exploit), Crimes Act 1914, Arson

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4a Fingerprinting
VICTORIAN FINGERPRINTING
o TenPrint datafinger and palm print images collected from
individuals by Australian police and immigration authorities, along
with corresponding basic biographic information.
o Latent dataunsolved finger and palm print impressions recovered
from crime scenes, which Australian police can search against.
The taking of fingerprints by police is now regulated by statute:
Definition of fingerprints:
iludes figer, pal, toe ad sole prits s464(2) Crimes Act (earprints???)
o Can be taken manually (ink etc) or by other means:
a e take  eas of a deie to otai a reord of figerprits a figersa
or  a other eas s 464N(1)
o Where prints taken after court order or where reasonable force to be used (PO same
gender): s 464N(2)
ID PURPOSES:
Fingerscans taken for the sole purpose of identifying someone are not admissible as
evidence: s464NA(6)
The privilege against self-incrimination does not apply to physical evidence, incl.
fingerprints: Sorby v Cth (1983)
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AGE AND FINGERPRINTING
Under 10:
No fingerprinting: s464L(1)
10 to under 15:
Fingerprinting in some circumstances: s464L(2)
15 years +:
General provisions: s464K(1)
Generally, for suspects over or at 15, police may take fingerprint if:
SUSPECT
Is believed on reasonable grounds to have committed OR
Been charged with OR
Summoned to answer a charge
For an indictable offence or a summary offence listed in Schedule 7 of the
Crimes Act 1958 (Vic)
PROVISION OF INFORMATION
1. Police must have INFORMED PERSON BEFORE fingerprinting of 5 matters (s464K(2)):
a. Purpose of taking print
b. Alleged offence
c. Print may be used in evidence in court
d. Refusal of consent = PO may use reasonable force to take print
e. Rules regarding destruction of prints (prints will be destroyed if S not charged
etc)
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2. Giving of information should be recorded (audio, audio visual, writing): s 464K(3) (If S
in custody for indictable offence, must be recorded)
3. Reasonable force may be used if authorised at the time of the request by a sergeant
or senior OR member in charge of station at the time: s 464K(7)
4. Takig of prits  fore or ourt order should e  PO of sae se as S if
pratiale ad preferal NOT ioled i iestigatio: s 464N
FINGERSCANNING FOR PURPOSE OF IDENTIFICATION
1. Person must be older or 15 years old: s 464NA(2)
2. Indictable or summary offence in schedule 7: s 464NA(2)(a)
3. In police station or remanded in custody: s 464NA(2)(b)
4. Informed of:
a. Only for use for ID
b. Not admissible in evidence: s464NA(3)
5. Reasonable force can be used: s 464NA(4)
a. Must be authorised at he time of request by PO (sergeant or above) s
4646K(7)
b. PO who takes prints should:
i. Be of the same sex as person having finger scan
ii. Not be involved in the investigation: s464N(2)
6. Inadmissible as evidence in any proceedings: s464NA(6)
SPECIAL PROVISIONS RE CHILDREN (15, 16, 17 YEARS OLD: S464K(8))
Children aged above, a parent or guardian or independent person must be present during:
- Request for the fingerprints
- Giving of the information referred to in s 464K(2) and
- Taking of fingerprints: s464K(8)(a)
- If reasonable force is authorised: taking of prints must be recorded (pref.
audiovisual): s464K(8)(b)
WARRANT TO ARREST FOR FINGERPRINTING: UNDER OR 15 YEARS
s 464M(5): Mag may issue warrant to arrest and fingerprinting. This authorises police to
break, enter and search any place where child is suspected to be.
UNDER THE AGE OF 10
Must NOT be requested to give fingerprints s464L(1)(a)
Must NOT have fingerprints taken s 464L(1)(b)
AGED BETWEEN 10 AND 15
Only if;
- PO reasonably believes that the child has committed/been charged with/summoned
to answer a charge
- Both child AND parent consent to fingerprinting
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Document Summary

The taking of fingerprints by police is now regulated by statute: Fingerscans taken for the sole purpose of identifying someone are not admissible as evidence: s464na(6) The privilege against self-incrimination does not apply to physical evidence, incl. fingerprints: sorby v cth (1983) Is believed on reasonable grounds to have committed or. Generally, for suspects over or at 15, police may take fingerprint if: For an indictable offence or a summary offence listed in schedule 7 of the. 4646k(7: po who takes prints should, be of the same sex as person having finger scan, not be involved in the investigation: s464n(2, inadmissible as evidence in any proceedings: s464na(6) Special provisions re children (15, 16, 17 years old: s464k(8)) Children aged above, a parent or guardian or independent person must be present during: Giving of the information referred to in s 464k(2) and. If reasonable force is authorised: taking of prints must be recorded (pref. audiovisual): s464k(8)(b)

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