Policing Act 2008 Flashcards
Section 32 –Identifying particulars of person in custody
(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.
(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.
(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.
(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.
(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.
Section 33 – 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.
(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.
(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.
(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.
Section 36 – Care and protection of intoxicated people
(1) A constable who finds a person intoxicated in a public place, or
intoxicated while trespassing on private property, may detain and take
the person into custody if—
(a) the constable reasonably believes that the person is—
(i) incapable of protecting himself or herself from physical
harm; or
(ii) likely to cause physical harm to another person; or
(iii) likely to cause significant damage to any property; and
(b) the constable is satisfied it is not reasonably practicable to
provide for the person’s care and protection by—
(i) taking the person to his or her place of residence; or
(ii) taking the person to a temporary shelter.
