Some matters that are dealt with by the court, allow an order to be made by the court to attend upon a police station to provide your identification particulars, usually photograph and fingerprints. You need to be conscious of what these matters are and what the implications are for failing to do this. Section 134 of the Law Enforcement (Powers and Responsibilities) Act sets out the power in the following terms: 134 Orders for the taking of identification particulars
(1) A court that finds an offence to which this section applies to have been proven against a person may order the person to present himself or herself in accordance with the terms of the order and submit to the taking, by the officer in charge of the police station specified in the order, of all particulars as are necessary to identify the person.
(2) The particulars may include the person’s photograph, finger-prints and palm-prints.
(3) The order is to contain a warning to the person that a failure or refusal to comply may result in the person’s arrest.
(4) A person who does not present himself or herself in accordance with the terms of the order may, at the direction of the officer in charge of the police station, be arrested without a warrant and taken into custody for such time as is reasonably necessary for the taking of particulars in accordance with the order.
(5) This section applies to the following offences:
(a) any indictable offence,
(b) an offence under section 42 of the Road Transport (Safety and Traffic Management) Act 1999 of driving a motor vehicle on a road or road related area negligently occasioning death, negligently occasioning grievous bodily harm, furiously or recklessly or at a speed or in a manner that is dangerous to the public,
(c) an offence under any of the following provisions of the Road Transport (Safety and Traffic Management) Act 1999:
(i) section 9(1A), (1), (2)(a) or (b), (3)(a) or (b), (4)(a) or (b),
(ii) section 12(1)(a) or (b),
(iii) section 15(4),
(iv) section 16.
(v) section 22(2),
(vi) section 29(2),
(vii) section 43.
(viii) section 70. (c1) an offence under section 5 or 6 of the Prevention of Cruelty to Animals Act 1979,
(d) an offence prescribed, or of a kind or description prescribed, by the regulations. If your matter before the court falls into any of the above categories then the court has, and is likely to execute, the power to make such an order. As you can see from the section, failure to comply with the order will result in the police exercising their powers of arrest and detention for the purposes of obtaining the identification particulars.
Should you have any doubt about whether this applies to your matter then do not hesitate to contact Michael Burke, Maria Walz or Kara Greiner of the Burke Elphick and Mead Criminal Law Team.
