Request for protected person to undergo forensic procedure
92 Request for protected person to undergo forensic procedure
In this section —
suspect means a suspect who is a protected person.
If an officer reasonably suspects —
that an offence has been committed; and
that it is necessary to do a forensic procedure for a purpose permitted by section 77 on a suspect for the offence,
the officer may request —
if the suspect is a child who has reached 10 years of age — both the child and a responsible person;
if the suspect is a child under 10 years of age or an incapable person — a responsible person,
to consent to a non‑intimate forensic procedure, an intimate forensic procedure or an internal forensic procedure, as the case requires, being done on the suspect.
An officer who makes a request under subsection (2) must at the time inform the person of these matters —
the offence that the suspect is suspected of having committed and to which the procedure relates; and
the purpose, permitted by section 77, of the forensic procedure and what relevant thing is sought; and
how the procedure will be done; and
that information derived from the procedure may be compared with or put in a database; and
that the procedure may provide evidence that could be used in a court against the suspect; and
that the person may consent or refuse to consent to the forensic procedure being done on the suspect; and
that if the person consents to the procedure, he or she may withdraw consent at any time before the procedure has been completed; and
that if the person does not consent or withdraws consent —
an application may be made for authority to do the procedure without the person’s consent; and
if authority is given, the procedure may be done without the person’s consent.
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