Barrister AI
All legislation
WAAct
In force
This is the latest official compilation.Check the official source →
s 49

Request for charged suspect to undergo identifying procedure

In force
Part 7Identifying particulars of charged suspects

49 Request for charged suspect to undergo identifying procedure

(1)

If it is practicable to do so, an officer may request a charged suspect to consent to an identifying procedure being done on the suspect for the purpose of obtaining one or more of a charged suspect’s identifying particulars.

(2)

An officer who requests a charged suspect to consent to an identifying procedure being done on the suspect must at the time inform the suspect of these matters —

(a)

the purpose of the procedure;

(b)

how the procedure will be done;

(c)

that information derived from the procedure may be compared with or put in a forensic database;

(d)

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

(e)

that the procedure may provide evidence that could be used in a court against the suspect;

(f)

that if the suspect does not consent or withdraws consent to the procedure —

(i)

the suspect may be arrested; and

(ii)

the procedure may be done on the suspect against the suspect’s will.

[Section 49 amended: No. 22 of 2013 s. 19.]

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.