Page 3792 - Week 13 - Wednesday, 16 October 1991
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c. the fingerprints of a person in lawful custody shall be taken as soon as practicable.
It stated further:
Females shall only be fingerprinted by a female member.
... ... ...
Juvenile offenders may be fingerprinted where they are over the age of 14 years and have been arrested and charged with a criminal offence.
In my view, the instructions, in the way they read, should be quite explicit; that is, that photographs and fingerprints should be taken only for purposes of identification, and, if a person has alternative identification available or is otherwise vouched for or known and is not suspected of the commission of any other offence, no-one should decide that they should be fingerprinted. In other words, the police general instruction did not adequately stress that there was a discretion that had to be exercised on a case by case basis.
The amendment now before the house clarifies the law and makes it quite clear that the process can take place only if the police officer in charge of the station is satisfied that it is necessary for the identification of a person for the purpose of any investigation or proceedings that may be instituted in respect of the offence for which the person is in lawful custody or another offence that the person is suspected on reasonable grounds of having committed. The provision also goes on to reflect the current New South Wales law - it is not currently applicable here - which does not authorise the taking of fingerprints, palmprints or handprints or a photograph of a child under the age of 14 years.
I should stress, in fairness to the police, that their general instruction reflects New South Wales law, but they do not have a law to back that up. This provision clarifies the law both for the community and for the police. In one sense, it is an advance in civil liberties. In another, it will put an end to the recurrent court cases in this town where issues of police procedure sometimes overshadow the real issue. In other words, a person who should not have the community's esteem gains credibility because he or she has won a technical point over the police through misread procedures.
I trust that this amendment Bill will be passed quickly and will have the support of all members of this house. I commend the Bill to the house.
Debate (on motion by Mr Connolly) adjourned.
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