Police Act 1958

  • repealed
  • Police Act 1958: repealed, on 1 October 2008, by section 130(4) of the Policing Act 2008 (2008 No 72).
57 Particulars for identification of person in custody
  • (1) If any person is in lawful custody on a charge of having committed an offence, a member of the Police may, and if directed by any of his superiors shall, take or cause to be taken any particulars of that person, including his photograph, fingerprints, palm-prints, and footprints, and may use or cause to be used such reasonable force as may be necessary to secure these particulars.

    (1A) Notwithstanding anything in subsection (1) of this section, no fingerprints, palm-prints, or footprints shall be taken under this section unless the person in lawful custody is at a police station, or on other premises, or in any vehicle, being used for the time being as a police station.

    (2) Any person who, after being cautioned, fails to comply with any demand or direction of a member of the Police acting in the exercise of his powers under this section commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding $40, or to both.

    (3) If the person in respect of whom particulars have been taken under this section is acquitted, the particulars shall be forthwith destroyed:

    Provided that this subsection shall not apply if the person is acquitted on account of his insanity or is discharged under section 106 of the Sentencing Act 2002 or section 347 of the Crimes Act 1961.

    (4) [Repealed]

    Compare: 1947 No 13 s 40

    Subsections (1) and (1A) were substituted, as from 20 October 1972, by section 6 Police Amendment Act 1972 (1972 No 32).

    Subsection (3) proviso was amended, as from 1 January 1962, by section 411(1) Crimes Act 1961 (1961 No 43) by inserting the words or section 347 of the Crimes Act 1961.

    Subsection (3) proviso was amended, as from 1 October 1985, by section 150(1) Criminal Justice Act 1985 (1985 No 120) by substituting the words section 19 of the Criminal Justice Act 1985 for the words section 42 of the Criminal Justice Act 1954.

    Subsection (3) proviso was amended, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9) by substituting the words section 106 of the Sentencing Act 2002 for the words section 19 of the Criminal Justice Act 1985. See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).

    Subsection (4) was inserted, as from 7 April 1988, by section 11 Police Amendment Act 1988 (1988 No 3).

    Subsection (4) was repealed, as from 1 July 1992, by section 6(1) Police Amendment Act (No 2) 1992 (1992 No 68).