Request for protected person to undergo identifying procedure
26 Request for protected person to undergo identifying procedure
In this section —
involved person means an involved person who is a protected person.
If an officer reasonably suspects —
that an offence has been committed; and
that an identifying particular of an involved person, obtainable by means of a non‑intimate identifying procedure, will afford evidence of the commission of the offence or of who committed the offence,
the officer may request a responsible person to consent to the non‑intimate identifying procedure being done on the involved person to obtain the identifying particular.
An officer who requests a responsible person to consent to a procedure being done on an involved person must at the time inform the responsible person of these matters —
the offence that is suspected of having been committed and to which the procedure relates; and
the purpose of the procedure; and
how the procedure will be done; and
that, subject to the responsible person’s decision, information derived from the procedure may be compared with or put in a forensic database; and
the circumstances in which destruction may be requested under section 69; and
that if the involved person should become a suspect for the offence, evidence provided by the procedure could be used in a court against the involved person; and
that the responsible person may decide whether —
to limit the forensic purposes for which information derived from the procedure may be used; or
to allow the information to be used for unlimited forensic purposes;
and
that, if the procedure is done, the responsible person may subsequently change the decision on the matters in paragraph (g) by notifying the Commissioner of Police; and
that the responsible person may consent or refuse to consent to the procedure being done on the involved person; and
that, if the responsible person consents to the procedure, he or she may withdraw consent at any time before the procedure has been completed; and
that if the responsible person does not consent or withdraws consent —
an application may be made for authority to do the procedure against the responsible person’s will; and
if authority is given the procedure may be done against the responsible person’s will.
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