Consent to forensic examination

In force

The public guardian may consent to the forensic examination of an adult with impaired capacity for consenting to the examination if—

(a)

the public guardian reasonably considers the examination is in the adult’s best interests; and

(b)

any of the following apply—

(i)

no guardian or attorney for the adult is appointed or available to consent for the adult to the examination;

(ii)

any guardian or attorney for the adult who is available has failed to consent;

(iii)

the public guardian reasonably considers the adult’s interests would not be adequately protected if the consent of any guardian or attorney for the adult were sought.

Example of forensic examination that may be in an adult’s best interests—

a forensic examination to obtain evidence that a criminal offence has been committed against the adult

Note—

See also the Guardianship Act, section 248A (Protection for person carrying out forensic examination with consent).

This Act’s bill:Explanatory memorandum Second reading speech

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38 Consent to forensic examination