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Fingerprints and body samples

Fingerprinting

There are different rules for fingerprinting depending on your age. See ‘Young people & the police’ (link below) for information about the rules that apply to taking fingerprints from people aged under 15.

When you are 15 or older, the police can take your fingerprints when they believe on reasonable grounds that you have committed an offence.

The police cannot take your fingerprints for minor offences such as ‘jaywalking’ (walking on the road without caring about traffic) and ‘littering’ (leaving rubbish in a public place instead of putting it in the rubbish bin).

If you refuse to give your fingerprints, the police can use reasonableforce to get them. This means the police may physically restrain you to take your fingerprints. If you are 17 or younger, this must be audio-taped or videotaped.

Any force the police use must be reasonable in the situation. Get legal advice when you are not happy with the way the police have treated you. You may be able to make a complaint. See ‘Complaints about police’ (link below).

How long will my fingerprints be kept on record?

The police must destroy your fingerprints after six months when you are not charged with an offence, or when you are found ‘not guilty’ of an offence. You can ask the police if they have destroyed your fingerprints.

Forensic procedures and body samples

A forensic procedure is an examination of your body. Some forensic procedures involve taking intimate body samples like blood; pubic hair; anal, genital or breast swabs; saliva; and mouth or dental impressions.

A qualified doctor or dentist must do these procedures. The police must tell you before the procedure that you do not have to answer any questions asked by the doctor or dentist.

The police may take non-intimate body samples from you. These include samples of hair, fingernail or toenail scrapings, and some external body swabs.

Depending on your age, there are different rules about the police taking body samples. See ‘Young people and the police’ (link below) for information about taking body samples from people aged under 18.

If you are over 18 you do not have to agree to give body samples. If you refuse, the police can apply to a court for permission to take a sample, or a senior police officer can approve non-intimate body samples without having to apply to court

Get legal advice before agreeing to give body samples.

More information

Complaints about police

Identification parades and photos

Youth issues – Young people and the police

Related publications

Your rights: police powers in Victoria

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

  • advice at VLA offices and other locations across Victoria
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  • lawyers who are on ‘duty’ to help at many courts and tribunals.

For some criminal law matters we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.

Who else can help?

Your local community legal centre (CLC) can give you legal information and advice. Most CLC services are free. See the Community Law website for more information and CLC contact details.