Request for protected person to undergo identifying procedure
38 Request for protected person to undergo identifying procedure
In this section —
suspect means a suspect who is a protected person.
If an officer reasonably suspects —
that a serious offence has been committed; and
that an identifying particular of a suspect for the offence will afford evidence of whether or not the suspect committed the offence,
the officer may request a responsible person to consent to an identifying procedure being done on the suspect to obtain the identifying particular.
An officer who requests a responsible person to consent to an identifying procedure being done on a suspect must at the time inform the responsible person of these matters —
the offence that the suspect is suspected of having committed and to which the procedure relates; and
the purpose of the procedure; and
how the procedure will be done; and
that 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 the procedure may provide evidence that could be used in a court against the suspect; and
that the responsible person may consent or refuse to consent to the procedure being done on the suspect; 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.
If the suspect is a child, the making of a request, and the giving of information, under this section must be done in the presence of the suspect.
[Section 38 amended: No. 22 of 2013 s. 15.]
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