Victorian Current Acts Victorian Current Acts(1) A child under the age of 10 years who is suspected of having done or omitted to have done any act which would have constituted an offence had the child been of the age of criminal responsibility must not—
(a) be requested to give his or her fingerprints; or
(b) have his or her fingerprints taken.
S. 464L(2) amended by No. 37/2014 s. 10(Sch. item 36.23(a)).
(2) A police officer may take, or cause to be taken by an authorised person, the fingerprints of a child aged 10 years or more but under 15 years who—
(a) is believed on reasonable grounds to have committed; or
(b) has been charged with; or
(c) has been summonsed to answer to a charge for—
an indictable offence or a summary offence referred to in Schedule 7 if—
(d) both the child and a parent or guardian of the child consent; or
(e) where consent is refused or the parent or guardian cannot be located, the Children's Court makes an order under section 464M(5).
S. 464L(3) amended by No. 37/2014 s. 10(Sch. item 36.23(a)).
(3) A police officer wishing to fingerprint a child referred to in subsection (2) must inform the child and the parent or guardian of the child in language likely to be understood by each of them—
(a) of the purpose for which the fingerprints are required; and
(b) of the offence which the child is believed to have committed or with which the child has been charged or for which the child has been summonsed to answer to a charge; and
(c) that the fingerprints may be used in evidence in court; and
S. 464L(3)(d) amended by No. 44/2022 s. 81(1).
(d) that the child, or the child's parent or guardian, may refuse consent to the child's fingerprints being taken; and
(e) that if consent is refused, an application may be made to the Children's Court for an order directing the child to give his or her fingerprints; and
S. 464L(3)(f) amended by No. 44/2022 s. 81(2).
(f) that if the child is not charged with a relevant offence within 6 months or is so charged but the charge is not proceeded with or the child is not found guilty of the offence or any other relevant offence before the end of that period, the fingerprints will be destroyed; and
S. 464L(3)(g) inserted by No. 44/2022 s. 81(3).
(g) that if the child is or has been fingerprinted under this Subdivision on another occasion, section 464O(3A) may apply to the collective destruction of the child's fingerprints; and
S. 464L(3)(h) inserted by No. 44/2022 s. 81(3).
(h) that the fingerprints may not be destroyed if the child dies before the fingerprints are required to be destroyed; and
S. 464L(3)(i) inserted by No. 44/2022 s. 81(3).
(i) that the fingerprints may be used for the purposes specified in section 464NB.
(4) A parent or guardian of a child must be present during the request for the fingerprints under this section, the giving of the information referred to in subsection (3) and the taking of the fingerprints with consent.
S. 464L(5) amended by No. 37/2014 s. 10(Sch. item 36.23(a)).
(5) Subject to subsection (6), the police officer who informs a child of the matters in subsection (3) must—
S. 464L(5)(a) substituted by No. 27/2006 s. 17(13).
(a) record by audio recording or audiovisual recording; or
(b) record in writing signed by the child and the parent or guardian present—
the giving of that information and the responses, if any, of the child and the parent or guardian.
S. 464L(6) amended by No. 27/2006 s. 17(14).
(6) If a child is in custody within the meaning of this Subdivision in relation to an indictable offence, the giving of the information under subsection (3) and the responses, if any, of the child and the parent or guardian must be recorded by audio recording or audiovisual recording.
S. 464L(7) amended by Nos 27/2006 s. 17(15)(a), 37/2014 s. 10(Sch. item 36.23(a)).
(7) If information and the responses of the child and parent or guardian are recorded by audio recording or audiovisual recording, the police officer giving the information must give or send by post to the child or his or her legal practitioner without charge—
S. 464L(7)(a) amended by No. 27/2006 s. 17(15)(b).
(a) the recording (whether audio recording or audiovisual recording) or a copy of it within 7 days; and
S. 464L(7)(b) amended by No. 27/2006 s. 17(15)(c).
(b) if a transcript of the recording is prepared, a copy of the transcript as soon as practicable.
S. 464L(8) amended by No. 37/2014 s. 10(Sch. item 36.23(b)).
(8) If information and the responses of the child and parent or guardian are recorded in writing, the police officer requesting the child's fingerprints must give to the child, or cause the child to be given, a copy of the signed record forthwith.
S. 464M inserted by No. 38/1988 s. 4,
amended by Nos 25/1989 s. 14(b), 57/1989 s. 5(1)(d)(e), 23/1991
s. 6(1), substituted by No. 129/1993 s. 7.