Barrister AI
All legislation
WAAct
In force
This is the latest official compilation.Check the official source →
s 38

Request for protected person to undergo identifying procedure

In force
Part 6Identifying particulars of uncharged suspects

38 Request for protected person to undergo identifying procedure

(1)

In this section —

suspect means a suspect who is a protected person.

(2)

If an officer reasonably suspects —

(a)

that a serious offence has been committed; and

(b)

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.

(3)

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 —

(a)

the offence that the suspect is suspected of having 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 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 the procedure may provide evidence that could be used in a court against the suspect; and

(g)

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

(h)

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

(i)

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.

(4)

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.]

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.