Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 25

25 Application by police officer for permission to take child’s identifying particulars

(1) This section applies if a child has been charged, without being arrested, with an indictable offence or an offence against any of the following Acts that is an arrest offence—

• Criminal Code

†¢ Drugs Misuse Act 1986

†¢ Police Service Administration Act 1990

†¢ Regulatory Offences Act 1985

†¢ Summary Offences Act 2005

†¢ Weapons Act 1990 .

(2) A police officer (the
"applicant" ) may apply to a Childrens Court magistrate (the
"court" ) to have all or any of the identifying particulars of the child taken.

(3) The applicant must give notice of the application to—

(a) the child; and

(b) a parent of the child, unless a parent can not be found after reasonable inquiry; and

(c) the chief executive.

(4) The court may decide the application in the absence of a person mentioned in subsection (3) , if the court is satisfied that subsection (3) has been complied with.

(5) On the application—

(a) the applicant and anyone mentioned in subsection (3) is entitled to be heard and to provide evidence; and

(b) the court may act on statements of information and belief.

(6) The court may order the identifying particulars to be taken if it is satisfied, on the balance of probabilities, of all the following facts—

(a) someone has committed the charged offence;

(b) there is evidence of identifying particulars of the offender that are of the same type as the identifying particulars the applicant seeks to have taken from the child;

(c) the child is reasonably suspected of being the offender;

(d) the order is necessary for the proper conduct of the investigation of the offence.

(7) The order must state the investigation for which the order is made.

(8) If the child will not be in custody when the particulars are taken, the order must require the child to report to a police officer at a stated police station between stated hours within 7 days to enable a police officer to take the identifying particulars.

(9) A child must not contravene the order.

Penalty—

Maximum penalty (subject to part 7 )—10 penalty units.

(10) If the child will be in custody when the particulars are taken, the order must require the particulars to be taken at the place the child is held in custody.

(11) This section is subject to section 26 .

(12) In this section—

"charged offence" means the offence with which the child is charged or an offence arising out of the same, or the same set of, circumstances.

"parent" , of a child, includes someone who is apparently a parent of the child.