destruction of identifying particulars

This file last saved 11 August, 2019 10:56 AM

background

    Under the Police Powers and Responsibilities Act 2000 the police have powers to obtain identifying particulars from an accused person in relation to an offence.

    definition

  1. Identifying particulars are palm prints, fingerprints, handwriting, voiceprints, footprints and photographs of the persons identifying features.

    2. why identifying particulars are destroyed

  2. If the person is found not guilty or the police take no further action against them, the right to individual privacy demands that the identifying particulars are destroyed. The law requires that they be destroyed, within a reasonable time, in the presence of a JP.

    3. witnessing destruction of identifying particulars

  3. The normal practice is for the police to provide a list of the identifying particulars, against which you check the actual items.
  4. You will be required to certify that those identifying particulars have been destroyed in your presence, so a check of the list against the particulars is essential for you to carry out your role correctly.

    5. references

  5. Duties of Justices of the Peace [undated] Ch21.