Criminal Investigation Act 2006

On an application made under section 97, a senior officer may approve a non‑intimate forensic procedure being done on a suspect without the suspect’s consent if satisfied —

that the suspect is an adult; and

that —

the suspect has been informed in accordance with section 91; or

there are good reasons why the suspect has not been requested under section 91 to consent to undergoing a forensic procedure;

that in respect of each of the matters in section 97(4) about 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.

In deciding whether to approve a non‑intimate forensic procedure being done on a suspect without the suspect’s consent, a senior officer must take into account the seriousness of the offence that the suspect is suspected to have committed.

A senior officer who gives such an approval must make a written record of it and —

the suspect to whom it relates; and

the non‑intimate procedure that is approved; and

the date and time when the approval was given; and

the reasons for giving it.

An approval given under this section authorises —

an officer —

to arrest the suspect to whom it relates; and

to detain him or her for a reasonable period in order to do the non‑intimate forensic procedure approved;

the doing of the non‑intimate forensic procedure on the suspect without his or her consent.