Young people under the age of 16 can be fingerprinted, Magistrate Carlisle Greaves has ruled.

But a hearing has been delayed until next month as to whether the three juveniles accused of setting Harrington Sound School on fire should be fingerprinted to further the investigation.

Magistrate Carlsile Greaves said the juvenile court can authorise Police to take fingerprints because the Young Offenders Act of 1950 does not forbid it.

His decision comes after he set a trial date last week for November, but defence lawyers Saul Froomkin, Delroy Duncan, and Richard Horseman objected to Police taking the boys' fingerprints.

The boys, all aged 15, have pleaded not guilty to three charges of school breaking, arson, and setting fire to paper knowing it would likely start a fire.

The fire on February 21 caused an estimated $1 million worth of damage to the school.

Mr. Greaves said the Young Offenders Act only provides for the method of trial of juveniles, what penalties can be imposed, and what institutions they can be sent to if convicted.

"The Young Offenders Act is silent about many things,'' he said, adding it does not set out how to treat evidence, identification, confessions, fundamental rights or fingerprinting.

Mr. Greaves added that the Criminal Code -- under which the boys are charged -- cannot "abridge or derogate'' the Young Offenders Act and other laws.

He also explained the Criminal Code applies in all cases unless the Code itself or another Act says otherwise.

"How does that apply to the case?'' Mr. Greaves asked. "The criminal offences charged are offences under the Criminal Code. But they are punishable under the Young Offenders Act.'' He added: "Neither Act has expressly or specifically said that fingerprinting cannot be ordered.'' But Mr. Greaves adjourned the hearing until the next juvenile court session next month when a formal application to get the three boys' fingerprints will be made by the Crown.

The boys were in court with their parents for the hearing.