What pt 2 provides
448 What pt 2 provides
This part states general rules—
for obtaining a forensic procedure consent from a person suspected of committing an offence; or
for obtaining a forensic procedure consent, that relates only to the taking of a DNA sample, from a person for any of the following purposes—
to help decide whether or not the person may be a suspect in relation to an offence;Example—Members of the community may be asked to provide DNA samples for DNA analysis for comparison with the results of analysis of a DNA sample seized at a crime scene.
to help locate a missing person;Example—A relative of a missing person may be asked to provide a DNA sample to help locate the missing person.
to help identify a deceased person or the remains of a deceased person.
Example—A person may be asked to provide a DNA sample to help decide whether a deceased person is a relative of the person.
Note—See section 454 for the explanation that must be given to a person asked to give a forensic procedure consent.
However, nothing in this part requires a police officer or other person to obtain consent under this part to perform a forensic procedure under this chapter that the person is not specifically required to have consent for.
Also, nothing in this part requires a police officer to obtain a forensic procedure consent to perform a non-intimate forensic procedure on a person if the procedure does not involve the touching of the person by anyone other than the person or the taking of a DNA sample.
Subject to subsection (1)(b), this part must not be construed as requiring a police officer to act under this part to obtain the consent of a person to the performance of a forensic procedure on the person if the person is not suspected of having committed an offence.
This Act’s bill:Explanatory memorandum
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.