Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 158

    (1)     For the identification of a young detainee admitted to a detention place, the director-general may direct that 1 or more of the following be taken of or from the young detainee:

        (a)     prints of the young detainee's hands or fingers;

        (b)     a photograph or video recording;

        (c)     a buccal swab or saliva sample;

        (d)     anything else prescribed by regulation.

    (2)     Anything taken from a young detainee under subsection (1) must be destroyed if—

        (a)     the young detainee is found not guilty of any offence to which the detention relates, other than on the ground of unsoundness of mind; or

        (b)     a proceeding for any offence to which the detention relates is discontinued or dismissed.

    (3)     However, subsection (2) does not apply if, for any part of the period of detention for an offence, the young detainee was also being detained for another offence—

        (a)     of which the young detainee has been convicted; or

        (b)     for which a proceeding (including any appeal proceeding) is still pending.

Note     The Crimes (Forensic Procedures) Act 2000

includes provision for carrying out forensic procedures on people in custody. See particularly pt 2.7 (Carrying out of certain forensic procedures after conviction of serious offenders).