Circumstances in which magistrate may order forensic procedure
23WR Circumstances in which magistrate may order forensic procedure
A magistrate may, under section 23WS or 23XA, order the carrying out of a forensic procedure on a suspect if:
the suspect is not in custody and has not consented to the forensic procedure (whether or not consent has been sought); or
the suspect is in custody and has not consented to the forensic procedure (whether or not consent has been sought); or
under section 23WE, the suspect cannot consent to the forensic procedure; or
the forensic procedure has been requested by a foreign country or an international tribunal.
However, a magistrate is not authorised to order the carrying out of a forensic procedure on a suspect if the procedure has been requested by a foreign law enforcement agency.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.