34 Storage, etc, on Police information recording system of identifying particulars

(1)

The identifying particulars of a person that are obtained under section 32 or 33 may be entered, recorded, and stored on a Police information recording system.

(2)

But photographs or visual images of a person, and impressions of a person’s fingerprints, palm-prints, or footprints, that are obtained under section 32 or 33 must be destroyed as soon as practicable after—

(a)

a decision is made not to commence criminal prosecution proceedings against the person in respect of the offence for which the particulars were taken; or

(b)

criminal prosecution proceedings that are commenced against the person in respect of the offence for which the particulars were taken are completed with an outcome (for example, an acquittal) that is not an outcome (specified in section 34A) that authorises continued storage.

(3)

In this section and section 34A,—

criminal prosecution proceedings against a person in respect of the offence for which particulars were taken, means proceedings—

(a)

commenced against the person in respect of that offence or offences including that offence under the Criminal Procedure Act 2011 (alone or, if the person is a child or a young person as defined in section 2(1) of the Oranga Tamariki Act 1989, in conjunction with that Act); and

(b)

some or all of which (for example, any pre-trial proceedings) are heard or determined, at first instance, in the District Court, the High Court, or the Youth Court, or a combination of those courts

the offence for which the particulars were taken includes (without limitation) an offence that arose from the same event or series of events as, and that replaces, that offence.

Compare: 1958 No 109 s 57(3)

Section 34: substituted, on 30 August 2011 (applying at all times from 1 October 2008), by section 6 of the Policing (Storage of Youth Identifying Particulars) Amendment Act 2011 (2011 No 65).

Section 34(3) criminal prosecution proceedings paragraph (a): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 34(3) criminal prosecution proceedings paragraph (a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 34(3) criminal prosecution proceedings paragraph (b): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 34(3) criminal prosecution proceedings paragraph (b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).