Australian Capital Territory Current Acts

CRIMES ACT 1900 - SECT 231

    (1)     If—

        (a)     identification material is taken under section 230 or section 230A; and

        (b)     a period of 12 months has elapsed since the material was taken; and

        (c)     proceedings in respect of an offence to which the identification material relates have not been instituted or have been discontinued;

the material shall be destroyed as soon as practicable.

    (2)     If identification material has been taken from a person under section 230 or section 230A and—

        (a)     the person is found to have committed an offence to which the identification material relates, but no conviction is recorded; or

        (b)     the person is acquitted of such an offence and—

              (i)     no appeal is lodged against the acquittal; or

              (ii)     an appeal is lodged against the acquittal and the acquittal is confirmed or the appeal is withdrawn;

the identification material shall be destroyed as soon as practicable, unless an investigation or proceedings in relation to another offence to which the identification material relates is pending.

    (3)     On application by a police officer, a magistrate may, if satisfied that there are special reasons for doing so in relation to particular identification material, extend—

        (a)     the period of 12 months referred to in subsection (1); or

        (b)     that period as previously extended under this subsection.