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s 44

Senior officer may approve non‑intimate identifying procedure to be done on adult

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Part 6Identifying particulars of uncharged suspects

44 Senior officer may approve non‑intimate identifying procedure to be done on adult

(1)

On an application made under section 43 a senior officer may approve a non‑intimate identifying procedure being done on a suspect against the suspect’s will.

(2)

A senior officer must not give approval unless he or she is satisfied —

(a)

that the suspect is an adult; and

(b)

that the suspect has been informed in accordance with section 37; and

(c)

that, in respect of the matters in section 43(4) about which the applicant is required to have a suspicion, there are reasonable grounds for the applicant to have that suspicion; and

(d)

that the interests of justice justify obtaining the identifying particular specified in the application.

(3)

As soon as practicable after giving approval a senior officer must make a record of —

(a)

the date and time when it was given; and

(b)

the reasons for giving it.

(4)

An approval may be given by remote communication.

(5)

An approval given under this section authorises —

(a)

an officer —

(i)

to arrest the suspect to whom it relates; and

(ii)

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

and

(b)

the doing of the non‑intimate identifying procedure on the suspect against his or her will.

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