Text as at 26 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

464L Fingerprinting of children aged 14 or under

(1)A police officer must not do any of the following in respect of a child who was under 12 years of age at the time that the child is alleged to have done any act or made any omission which would constitute an offence if the child had been of the age of criminal responsibility—

S. 464L(1) substituted by No. 32/2024 s. 805(1).

(a)request the child to give the child's fingerprints;

S. 464L(5)(a) substituted by No. 27/2006 s. 17(13).S. 464L(7)(a) amended by No. 27/2006 s. 17(15)(b).

(b)take fingerprints from the child;

S. 464L(7)(b) amended by No. 27/2006 s. 17(15)(c).

(c)cause any other person to take fingerprints from the child.

It is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the Youth Justice Act 2024.

(a)be requested to give his or her fingerprints; or

(b)have his or her fingerprints taken.

(2)A police officer may take, or cause to be taken by an authorised person, the fingerprints of a child who is 12 years of age or over but under 15 years of age and who— an indictable offence or a summary offence referred to in Schedule 7 if—

S. 464L(2) amended by Nos 37/2014 s. 10(Sch. item 36.23(a)), 32/2024 s. 805(2).

(a)is believed on reasonable grounds to have committed; or

(b)has been charged with; or

(c)has been summonsed to answer to a charge for—

(d)both the child and a parent or guardian of the child consent; or

S. 464L(3)(d) amended by No. 44/2022 s. 81(1).

(e)where consent is refused or the parent or guardian cannot be located, the Children's Court makes an order under section 464M(5).

S. 464L(3)(e) amended by No. 32/2024 s. 805(3).

(3)A police officer wishing to fingerprint a child referred to in subsection (2) must inform the child and the parent or guardian of the child in language likely to be understood by each of them—

S. 464L(3) amended by No. 37/2014 s. 10(Sch. item 36.23(a)).

(a)of the purpose for which the fingerprints are required; and

(b)of the offence which the child is believed to have committed or with which the child has been charged or for which the child has been summonsed to answer to a charge; and

(c)that the fingerprints may be used in evidence in court; and

(d)that the child, or the child's parent or guardian, may refuse consent to the child's fingerprints being taken; and

(e)that if consent is refused, an application may be made to the Children's Court for an order directing the child to give the child's fingerprints; and

(f)that if the child is not charged with a relevant offence within 6 months or is so charged but the charge is not proceeded with or the child is not found guilty of the offence or any other relevant offence before the end of that period, the fingerprints will be destroyed; and

S. 464L(3)(f) amended by No. 44/2022 s. 81(2).

(g)that if the child is or has been fingerprinted under this Subdivision on another occasion, section 464O(3A) may apply to the collective destruction of the child's fingerprints; and

S. 464L(3)(g) inserted by No. 44/2022 s. 81(3).

(h)that the fingerprints may not be destroyed if the child dies before the fingerprints are required to be destroyed; and

S. 464L(3)(h) inserted by No. 44/2022 s. 81(3).

(i)that the fingerprints may be used for the purposes specified in section 464NB.

S. 464L(3)(i) inserted by No. 44/2022 s. 81(3).

(4)A parent or guardian of a child must be present during the request for the fingerprints under this section, the giving of the information referred to in subsection (3) and the taking of the fingerprints with consent.

(5)Subject to subsection (6), the police officer who informs a child of the matters in subsection (3) must— the giving of that information and the responses, if any, of the child and the parent or guardian.

S. 464L(5) amended by No. 37/2014 s. 10(Sch. item 36.23(a)).

(a)record by audio recording or audiovisual recording; or

(b)record in writing signed by the child and the parent or guardian present—

(6)If a child is in custody within the meaning of this Subdivision in relation to an indictable offence, the giving of the information under subsection (3) and the responses, if any, of the child and the parent or guardian must be recorded by audio recording or audiovisual recording.

S. 464L(6) amended by No. 27/2006 s. 17(14).

(7)If information and the responses of the child and parent or guardian are recorded by audio recording or audiovisual recording, the police officer giving the information must give or send by post to the child or the child's legal practitioner without charge—

S. 464L(7) amended by Nos 27/2006 s. 17(15)(a), 37/2014 s. 10(Sch. item 36.23(a)), 32/2024 s. 805(3).

(a)the recording (whether audio recording or audiovisual recording) or a copy of it within 7 days; and

(b)if a transcript of the recording is prepared, a copy of the transcript as soon as practicable.

(8)If information and the responses of the child and parent or guardian are recorded in writing, the police officer requesting the child's fingerprints must give to the child, or cause the child to be given, a copy of the signed record forthwith.

S. 464L(8) amended by No. 37/2014 s. 10(Sch. item 36.23(b)).