Interim forensic procedure order
19 Interim forensic procedure order
On receipt of an application under section 18, a magistrate may make an interim forensic procedure order authorising the carrying out of an intimate forensic procedure on a suspect or charged person who is 10 years old or older or a non-intimate forensic procedure on a suspect or charged person who is between 10 and 14 years of age (both years inclusive) if the magistrate is satisfied – that evidence relating to the commission of a serious offence may be lost or destroyed if there is delay in carrying out the forensic procedure concerned; and there is sufficient evidence to indicate that a magistrate may be satisfied of the existence of the matters referred to in section 17(1) when the application is finally determined.
A magistrate may make any orders and give any directions in relation to the interim forensic procedure order as he or she could make or give in relation to a forensic procedure order.
On making an interim forensic procedure order, the magistrate in person or by telephone, radio, facsimile transmission, electronic mail or other electronic means must inform the police officer who applied for the order of – the making of the order; and the terms of the order; and any orders made or directions given under subsection (2).
This Act’s bill:Explanatory notesSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.