Forensic procedure, when it may be done
86 Forensic procedure, when it may be done
If under section 83 an involved person who is an adult is requested to consent to undergoing a forensic procedure and is informed under that section and he or she consents to undergoing the procedure, then the procedure may be done on him or her.
If under section 84 a person is requested to consent to a forensic procedure being done on an involved person who is a protected person and the person is informed under that section, then the procedure may be done on him or her if —
in the case of a child who has reached 10 years of age —
the child consents to undergoing the forensic procedure; and
the responsible person consents to the child undergoing the procedure;
in the case of a child under 10 years of age or an incapable person — the responsible person consents to the protected person undergoing the procedure.
If, in the case of an involved person who is an adult —
the involved person, having been —
requested under section 83 to consent to undergoing a forensic procedure; and
informed under that section,
does not consent or withdraws consent; or
for any reason the involved person is not requested under section 83 to consent to undergoing a forensic procedure,
the procedure may only be done on the involved person if a magistrate issues an FP warrant (involved person) that authorises it.
If, in the case of an involved person who is a protected person —
a person, having been —
requested under section 84 to consent to a forensic procedure being done on the involved person; and
informed under that section,
does not consent or withdraws consent; or
for any reason a person is not requested under section 84 to consent to a forensic procedure being done on the involved person,
the procedure may only be done on the involved person if a magistrate issues an FP warrant (involved person) that authorises it.
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