Conditions under which police officer may request consent to forensic procedure
11 Conditions under which police officer may request consent to forensic procedure
A police officer may not ask a suspect to undergo a forensic procedure unless satisfied—
that section 8, and section 9 or 10, as the case requires, have been complied with, and
that the circumstances referred to in subsection (2) or (3) exist, and
that the suspect is neither a child nor an incapable person, and
that the request for consent is justified in all the circumstances.
In the case of an intimate forensic procedure—
the act or omission in respect of which the suspect is a suspect must constitute a prescribed offence, and
there must be reasonable grounds to believe that the procedure might produce evidence tending to confirm or disprove—
that the suspect has committed the prescribed offence referred to in paragraph (a), or
that the suspect has committed some other prescribed offence.
In the case of a non-intimate forensic procedure—
the act or omission in respect of which the suspect is a suspect must constitute an offence, and
there must be reasonable grounds to believe that the procedure might produce evidence tending to confirm or disprove—
that the suspect has committed the offence referred to in paragraph (a), or
that the suspect has committed some other offence.
This provision refers to the regulations (prescribed offence
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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