Part 3 Powers, operations, and offences

Identification of people detained by Police

32 Identifying particulars of person in custody

(1)

The purpose of this section is to enable the Police to obtain information that may be used now or in the future by the Police for any lawful purpose.

(2)

For the purpose of this section, a constable may take the identifying particulars of a person who is in the lawful custody of the Police if that person is detained for committing an offence and is—

(a)

at a Police station; or

(b)

at any other place being used for Police purposes.

(3)

A constable—

(a)

must take the person’s identifying particulars in a manner that is reasonable in the circumstances; and

(b)

may only use reasonable force that may be necessary to secure the person’s identifying particulars.

(4)

A person who, after being cautioned, fails to comply with a direction of a constable exercising his or her powers under this section—

(a)

commits an offence; and

(b)

is liable on conviction to imprisonment for a term not exceeding 6 months, to a fine not exceeding $5,000, or to both.

(5)

In this section and section 33,—

identifying particulars means, in relation to a person, any or all of the following:

(a)

the person’s biographical details (for example, the person’s name, address, and date of birth):

(b)

the person’s photograph or visual image:

(c)

impressions of the person’s fingerprints, palm-prints, or footprints

place includes any land, building, premises, or vehicle.

Compare: 1958 No 109 s 57(1), (2)

Section 32(4)(b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).