Who may do forensic procedure
103 Who may do forensic procedure
When a non‑intimate forensic procedure is being done on a person, a power in the Table to this subsection may only be exercised by a person specified opposite the power in the Table.
Table
Power | Who may exercise it | |
|---|---|---|
1. | Removing any article that the person is wearing, other than any article covering his or her private parts | Person of either gender |
2. | Searching any article removed | Person of either gender |
3. | Swabbing or using other means to detect a relevant thing on the external parts of the person’s body, other than his or her private parts | Doctor, nurse or qualified person |
4. | Removing a relevant thing attached physically to those external parts | Doctor, nurse or qualified person |
5. | Taking a sample of a relevant thing on those external parts | Doctor, nurse or qualified person |
6. | Taking an impression of a relevant thing on those external parts | Qualified person |
7. | Taking a sample of a relevant thing from under the nail of the person | Doctor, nurse or qualified person |
8. | Removing a relevant thing from, or taking a sample of a relevant thing in, the person’s mouth | Doctor, dentist, nurse or qualified person |
When an intimate forensic procedure is being done on a person, a power in the Table to this subsection may only be exercised by a person specified opposite the power in the Table.
Table
Power | Who may exercise it | |
|---|---|---|
1. | Removing any article that the person is wearing | Person of the same gender as the person |
2. | Searching any article removed | Person of either gender |
3. | Swabbing or using other means to detect a relevant thing on the person’s external private parts | Doctor, nurse or qualified person |
4. | Removing a relevant thing attached physically to those external private parts | Doctor, nurse or qualified person |
5. | Taking a sample of a relevant thing on those external private parts | Doctor, nurse or qualified person |
6. | Taking an impression of a relevant thing on those external private parts | Qualified person |
7. | Taking a sample of blood from the person | Doctor, nurse or qualified person |
When an internal forensic procedure is being done on a person, a power in the Table to this subsection may only be exercised by a person specified opposite the power in the Table.
Table
Power | Who may exercise it | |
|---|---|---|
1. | Removing any article that the person is wearing | Person of the same gender as the person |
2. | Searching any article removed | Person of either gender |
3. | Searching the person’s internal parts for a relevant thing using x‑rays, ultrasound or similar means | Doctor or qualified person |
4. | Searching the person’s orifices, other than the mouth, for a relevant thing | Doctor, or a qualified person who is a nurse, midwife or other prescribed person |
5. | Swabbing or using other means to detect the presence of a relevant thing in those orifices | Doctor or qualified person |
6. | Removing a relevant thing from, or taking a sample of a relevant thing in, any such orifice | Doctor, or a qualified person who is a nurse, midwife or other prescribed person |
[Section 103 amended: No. 11 of 2011 s. 5.]
This provision refers to the regulations (prescribed person
). Made under this Act:
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