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s 26

Request for protected person to undergo identifying procedure

In force
Part 5Identifying particulars of victims and witnesses

26 Request for protected person to undergo identifying procedure

(1)

In this section —

involved person means an involved person who is a protected person.

(2)

If an officer reasonably suspects —

(a)

that an offence has been committed; and

(b)

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.

(3)

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 —

(a)

the offence that is suspected of having been committed and to which the procedure relates; and

(b)

the purpose of the procedure; and

(c)

how the procedure will be done; and

(d)

that, subject to the responsible person’s decision, information derived from the procedure may be compared with or put in a forensic database; and

(e)

the circumstances in which destruction may be requested under section 69; and

(f)

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

(g)

that the responsible person may decide whether —

(i)

to limit the forensic purposes for which information derived from the procedure may be used; or

(ii)

to allow the information to be used for unlimited forensic purposes;

and

(h)

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

(i)

that the responsible person may consent or refuse to consent to the procedure being done on the involved person; and

(j)

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

(k)

that if the responsible person does not consent or withdraws consent —

(i)

an application may be made for authority to do the procedure against the responsible person’s will; and

(ii)

if authority is given the procedure may be done against the responsible person’s will.

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