Criminal Investigation Act 2006

On an application made under section 99, a JP or a magistrate, as the case requires, may issue an FP warrant (suspect) if satisfied —

that in respect of each of the matters in section 99(3) on which the applicant is required to have a suspicion, there are reasonable grounds for the applicant to have that suspicion; and

that the interests of justice justify doing the procedure described in the application.

In deciding whether to issue an FP warrant (suspect) a JP or a magistrate, as the case requires, must take into account the seriousness of the offence that the suspect is suspected to have committed.

For the purposes of this section, a JP or magistrate may inform himself or herself in any way he or she thinks fit.

In the case of an application for an FP warrant (suspect) in respect of an incapable person, the magistrate may, on his or her own initiative —

give a copy of the application to the Public Advocate; or

seek information or submissions from the Public Advocate; or

if the warrant is issued, give a copy of it to the Public Advocate,

An FP warrant (suspect) must contain this information —

the applicant’s full name and official details;

the name of the suspect to whom it relates;

the offence to which it relates;

whether it relates to —

a non‑intimate forensic procedure; or

an intimate forensic procedure; or

an internal forensic procedure;

if it relates to an internal forensic procedure, the kind of internal forensic procedure that may be done on the suspect;

the relevant thing to be searched for during the forensic procedure;

the period, not exceeding 14 days, during which the warrant may be executed;

the name of the JP or magistrate who issued it;

the date and time when it was issued.

An FP warrant (suspect) must be in the prescribed form.

An FP warrant (suspect) authorises —

an officer authorised by subsection (8) —

to arrest the suspect to whom it relates; and

to detain him or her for a reasonable period in order to do the forensic procedure specified in it;

the doing of the forensic procedure on the suspect without the consent or consents referred to in section 94(1) or (2).

The powers in subsection (7)(a) may be exercised by —

if a police officer applied for the warrant, any police officer;

if a public officer applied for the warrant, the applicant or any public officer who has the same functions as the applicant, or any police officer.

An FP warrant (suspect) that relates to an internal forensic procedure only authorises the kind of internal forensic procedure specified in the warrant but this subsection does not affect the operation of section 76(2).