Power To Take Fingerprints
Power to take fingerprints
Have you ever wondered what your rights are if the police take your fingerprints? In this article, we explain what fingerprints are. In addition, we are going to detail what happens to your fingerprints if found innocent.
Firstly, what is a fingerprint?
A fingerprint is an impression left by the friction ridges of a human finger and thumbs. Fingerprints are great ways of identifying someone because the ridges on your finger do not change throughout your lifetime. However, some extreme injuries can change your fingerprints but this is rare.
How do fingerprints work?
The ridges on your fingers create sweat and oil. As a result, this moisture leaves a “print” of sort when you touch something. Although, this print is invisible to the naked eye. However, police can dip a brush into powder and brush a light layer over an area to see if there is are any fingerprints. They call this dusting for fingerprints.
It became an important mode of identification in the 19th century.
Fingerprints taken after arrest
When police arrest someone, an officer might take their fingerprints. Normally, they do this at the police station. Taking fingerprints helps the police identify you which aids their investigation. Furthermore, for individuals over the age of 14, the police might also record their palm prints and take their photographs.
Police do not need your consent to take your fingerprints.
Destruction of fingerprints if found innocent
Protecting the public’s privacy is very important.
Let’s talk about what happens to a person’s fingerprints if found innocent.
If someone is not guilty of the crime police arrested them for, they can get their prints destroyed. Similarly, if the court overturn a conviction, or if proceedings have not begun within 12 months of them taking your prints. To do this, you can apply to the Commissioner of Police to destroy your fingerprints.
Section 137A of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) looks after this measure. This section of the law ensures the Commissioner of Police destroys fingerprints, or palm prints, as soon as reasonably practicable upon receiving a request.
Persons under 14 years of age
If the police arrest a child under the age of 14, they have less powers. Consequently, for these underage individuals, the police cannot take fingerprints, photographs, or palm prints to identify them. However, a court may order for a police officer to take the prints of someone under the age of 14.
If you want to sue the police for wrongful arrest, assault, or battery, contact us today. Specifically, our lawyers have years of experience handling cases just like this. Call O’Brien Criminal and Civil Solicitors on (02) 9261 4281 today. From here, we can set up a free appointment with the civil lawyers in our Sydney office for you.
Nicole Byrne
Content Creator | Media Coordinator
O'Brien Criminal & Civil Solicitors
www.obriensolicitors.com.au
