Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Current version for 1 December 2014 to date (accessed 21 December 2014 at 23:06)
Part 10Division 3

Division 3 Taking of identification particulars from other offenders

Note. Sections 138A, 138B and 138C are transferred from Part 10 of the Crimes Act 1900.

138A   Taking of finger-prints and palm-prints from persons issued penalty notices

(1)  A police officer who serves a penalty notice on a person under the Criminal Procedure Act 1986 may (whether before or after the penalty notice has been served) require the person to submit to having his or her finger-prints or palm-prints, or both, taken and may, with the person’s consent, take the person’s finger-prints or palm-prints, or both.
(2)  A requirement under this section must not be made of a person who is under the age of 18 years and any such person is not required to comply with a requirement under this section.
(3)  The Commissioner must ensure that a finger-print or palm-print taken under this section is destroyed:
(a)  on payment of the penalty under the penalty notice, or
(b)  if the relevant penalty notice offence is dealt with by a court and the court dismisses the charge in relation to the penalty notice or arrives at a finding of not guilty for the charge, or
(c)  if the penalty notice is withdrawn.

138B   Taking of finger-prints and palm-prints from persons required to attend court

(1)  A police officer who serves a court attendance notice personally on a person who is not in lawful custody for an offence may require the person to submit to having his or her finger-prints or palm-prints, or both, taken and may, with the person’s consent, take the person’s finger-prints or palm-prints, or both.
(2)  A requirement under this section must not be made of a person who is under the age of 18 years and any such person is not required to comply with a requirement under this section.

138C   Safeguards for exercise of powers to obtain finger-prints and palm-prints without arrest

(1)  A police officer must, at the time of exercising a power to require finger-prints or palm-prints, or both, to be taken under section 138A or 138B, provide the person subject to the exercise of the power with the following:
(a)  evidence that the police officer is a police officer (unless the police officer is in uniform),
(b)  the name of the police officer and his or her place of duty,
(c)  the reason for the exercise of the power,
(d)  a warning that, if the person fails to comply with the requirement, the person may be arrested for the offence concerned and that, while in custody, the person’s finger-prints and palm-prints may be taken without the person’s consent.
(2)  If 2 or more police officers are exercising a power, only one officer present is required to comply with this section.
(3)  However, if a person asks another police officer present for information as to the name of the police officer and his or her place of duty, the police officer must give to the person the information requested.
Top of page