Forensics

Question 1

Policing Act 2008,
Section 32(1)

Answer 1

Identifying particulars of person in custody

The purpose of this section is to enable the Police to obtain information that may be used now or in the future by the Police for any lawful purpose.

Question 2

Policing Act 2008,
Section 32(2)

Answer 2

For the purpose of this section, a constable may take the identifying particulars of a person who is in the lawful custody of the Police if that person is detained for committing an offence and is—
(a)
at a Police station; or
(b)
at any other place being used for Police purposes.

Question 3

Policing Act 2008,
Section 32(3)

Answer 3

A constable—
(a)
must take the person’s identifying particulars in a manner that is reasonable in the circumstances; and
(b)
may only use reasonable force that may be necessary to secure the person’s identifying particulars.

Question 4

Policing Act 2008,
Section 32(4)

Answer 4

A person who, after being cautioned, fails to comply with a direction of a constable exercising his or her powers under this section—
(a)
commits an offence; and
(b)
is liable on conviction to imprisonment for a term not exceeding 6 months, to a fine not exceeding $5,000, or to both.

Question 5

Policing Act 2008,
Section 32(5)

Answer 5

(5)
In this section and section 33,—
identifying particulars means, in relation to a person, any or all of the following:
(a)
the person’s biographical details (for example, the person’s name, address, and date of birth):
(b)
the person’s photograph or visual image:
(c)
impressions of the person’s fingerprints, palm-prints, or footprints
place includes any land, building, premises, or vehicle.

Question 6

Policing Act 2008,
Section 33(1)

Answer 6

Identifying particulars for summons
(1)
The purpose of this section is to enable the Police to obtain information that may be used now or in the future by the Police for any lawful purpose.

Question 7

Policing Act 2008,
Section 33(2)

Answer 7

(2)
For the purpose of this section, a constable who has good cause to suspect a person of committing an offence and who intends to bring proceedings against the person in respect of that offence by way of summons, may detain that person at any place—
(a)
in order to take the person’s identifying particulars; and
(b)
only for the period necessary to take the person’s identifying particulars.

Question 8

Policing Act 2008,
Section 33(3)

Answer 8

(3)
A constable—
(a)
must take the person’s identifying particulars in a manner that is reasonable in the circumstances; and
(b)
may only use reasonable force that may be necessary to secure the person’s identifying particulars.

Question 9

Policing Act 2008,
Section 33(4)

Answer 9

(4)
A person who, after being cautioned, fails to comply with a direction of a constable exercising his or her powers under this section—
(a)
commits an offence; and
(b)
is liable on conviction to imprisonment for a term not exceeding 6 months, to a fine not exceeding $5,000, or to both.