Fingerprints and Photos

Stephen R. Biss, Barrister & Solicitor explains your duty to attend at the police station for photos and fingerprints, usually before first appearance.

A young person who has been charged with a criminal offence is subject to the provisions of the Identification of Criminals Act. On a date prior to your first Youth Court attendance you will be required to attend at a police detachment to be photographed and fingerprinted.

 

It is not necessary and not a good idea for a parent or young person to discuss ANYTHING about the alleged offence with the officers at the front desk or during photographs and fingerprints.

 

Your photo may be used in lineups for other crimes.

 

If you fail to attend for fingerprints and photo there are very serious criminal consequences including possible jail.

You should get a lawyer's help to attempt to purge these fingerprints, photos, and records from the police databases some time after the case is all finished. Phone Stephen Biss at 905-273-3322 for more information.

 

 

 

Excerpt from Identification of Criminals Act

 

Fingerprints and photographs
  •  (1) The following persons may be fingerprinted or photographed or subjected to such other measurements, processes and operations having the object of identifying persons as are approved by order of the Governor in Council:

    • (a) any person who is in lawful custody charged with or convicted of

      • (i) an indictable offence, other than an offence that is designated as a contravention under the Contraventions Act in respect of which the Attorney General, within the meaning of that Act, has made an election under section 50 of that Act, or

      • (ii) an offence under the Security of Information Act;

    • (b) any person who has been apprehended under the Extradition Act;

    • (c) any person alleged to have committed an indictable offence, other than an offence that is designated as a contravention under the Contraventions Act in respect of which the Attorney General, within the meaning of that Act, has made an election under section 50 of that Act, who is required pursuant to subsection 501(3) or 509(5) of the Criminal Code to appear for the purposes of this Act by an appearance notice, promise to appear, recognizance or summons; or

    • (d) any person who is in lawful custody pursuant to section 83.3 of the Criminal Code.

  • Marginal note:Use of force

    (2) Such force may be used as is necessary to the effectual carrying out and application of the measurements, processes and operations described under subsection (1).

  • Marginal note:Publication

    (3) The results of the measurements, processes and operations to which a person has been subjected pursuant to subsection (1) may be published for the purpose of affording information to officers and others engaged in the execution or administration of the law.

 

  • R.S., 1985, c. I-1, s. 2;

  •  1992, c. 47, s. 74;

  •  1996, c. 7, s. 39;

  •  1999, c. 18, s. 88;

  •  2001, c. 41, ss. 23.1, 35.

 

 

Excerpt from YCJA:

 

 

Identification of Criminals Act applies
  •  (1) The Identification of Criminals Act applies in respect of young persons.

  • Marginal note:Limitation

    (2) No fingerprint, palmprint or photograph or other measurement, process or operation referred to in the Identification of Criminals Act shall be taken of, or applied in respect of, a young person who is charged with having committed an offence except in the circumstances in which an adult may, under that Act, be subjected to the measurements, processes and operations.

Records That May Be Kept

Marginal note:Youth justice court, review board and other courts

 A youth justice court, review board or any court dealing with matters arising out of proceedings under this Act may keep a record of any case that comes before it arising under this Act.

Marginal note:Police records
  •  (1) A record relating to any offence alleged to have been committed by a young person, including the original or a copy of any fingerprints or photographs of the young person, may be kept by any police force responsible for or participating in the investigation of the offence.

  • Marginal note:Extrajudicial measures

    (1.1) The police force shall keep a record of any extrajudicial measures that they use to deal with young persons.

  • Marginal note:Police records

    (2) When a young person is charged with having committed an offence in respect of which an adult may be subjected to any measurement, process or operation referred to in the Identification of Criminals Act, the police force responsible for the investigation of the offence may provide a record relating to the offence to the Royal Canadian Mounted Police. If the young person is found guilty of the offence, the police force shall provide the record.

  • Marginal note:Records held by R.C.M.P.

    (3) The Royal Canadian Mounted Police shall keep the records provided under subsection (2) in the central repository that the Commissioner of the Royal Canadian Mounted Police may, from time to time, designate for the purpose of keeping criminal history files or records of offenders or keeping records for the identification of offenders.

 

  • 2002, c. 1, s. 115;

  •  2012, c. 1, s. 190.

Marginal note:

 

 

 

contact us

Contact us for an initial consultation.

Stephen R. Biss

Barrister & Solicitor

303-470 Hensall Circle

Mississauga, ON

L5A 3V4

905-273-3322

biss@lawyers.ca

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We represent young persons at all GTA Youth Court Courthouses including Brampton, Milton, Orangeville, Guelph, and Toronto.

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