Crimes Amendment (Court Finger-printing Scheme) Act 1996 (NSW)

New South Wales

Crimes Amendment (Court

Finger-printing Scheme) Act 1996

No 112

Contents

Page

1	Name of Act	2
2	Commencement	2

3 Amendment of Crimes Act 1900 No 40 2

Schedule 1 Amendment 3

New South Wales

Crimes Amendment (Court
Finger-printing Scheme) Act 1996

No 112

Act No 112, 1996

An Act to amend the Crimes Act 1900 to establish a pilot scheme for the taking of finger-prints at court from persons found to have committed any offence punishable by imprisonment. [Assented to 2 December 1996]

Section 1 Crimes Amendment (Court Finger-printing Scheme) Act 1996 No 112

The Legislature of New South Wales enacts:

1 Name of Act

This Act is the Crimes Amendment (Court Finger-printing

Scheme) Act 1996.

2 Commencement

This Act commences on a day to be appointed by proclamation.

3 Amendment of Crimes Act 1900 No 40

The Crimes Act 1900 is amended as set out in Schedule 1.

Crimes Amendment (Court Finger-printing Scheme) Act 1996 No 112

Amendment	Schedule 1
Schedule 1	Amendment

(Section 3)

Section 353AC

Insert after section 353AB:

353AC Taking of finger-prints at court-pilot scheme

A prescribed court that convicts a person of an offence that is punishable by imprisonment, or that finds such an offence to be proved against a person but does not proceed to conviction, must order that the person submit to the taking of his or her finger-prints before the person leaves the building in which the court is situated.

This section applies regardless of whether the court
sentences the person to a term of imprisonment.
However, the court is not required to make an order
under this section if it is satisfied that the person’s
finger-prints were taken while the person was in lawful
custody for the offence.
The finger-prints may be taken by a police officer, or by
a person specified or described by the court in the order.
A police officer or person specified or described in the
order may detain a person for such time as may be
reasonably necessary to take the person’s finger-prints in
accordance with the order.

This section does not prevent a court making an order in

5AA of the Periodic Detention of Prisoners Act 1981.

respect of a person under section 353A and does not affect any obligation to make an order under section

In this section:

imprisonment includes penal servitude.
prescribed court means Parramatta Local Court, Dubbo

Local Court and any other court prescribed by the regulations but does not include the Children’s Court or any court while it is exercising jurisdiction as the Children’s Court.

Crimes Amendment (Court Finger-printing Scheme) Act 1996 No 112

Schedule 1 Amendment

(8) This section expires at the end of the period of 6 months commencing with the date on which this section commences. If an earlier expiry date is appointed by proclamation, this section expires at the end of the date so appointed.

[Minister’s second reading speech made in—

Legislative Council on 30 October 1996
Legislative Assembly on 13 November 1996]