23XWI
In forceMatters to be considered by constable before requesting consent to forensic procedure
Volume 3Parts ID to VIII (sections 23WA to 91), Schedule, Endnotes
Part IDForensic procedures
Division 6ACarrying out of certain forensic procedures after conviction of serious and prescribed offenders
23XWI Matters to be considered by constable before requesting consent to forensic procedure
Before a request is made under section 23XWH, the constable must be satisfied on the balance of probabilities that:
(a)
in the case of a person on whom the procedure is proposed to be carried out who is not serving a sentence of imprisonment in a prison or other place of detention—that the person is an offender; and
(b)
the request for consent to carry out the forensic procedure is justified in all the circumstances.
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