When identifying procedure may be done
51 When identifying procedure may be done
If —
under section 49 a request is made to a charged suspect; and
the suspect is informed under that section; and
the suspect consents to the identifying procedure being done,
then the identifying procedure may be done on the suspect.
If —
subsection (1)(a) and (b) apply but the charged suspect does not consent or withdraws consent to the identifying procedure; or
it is not practicable to make a request to a charged suspect under section 49,
an officer may —
if the charged suspect is not in custody — without a warrant arrest the suspect and detain him or her for a reasonable period in order to do the identifying procedure; and
do the identifying procedure on the charged suspect against the suspect’s will.
[Section 51 amended: No. 22 of 2013 s. 21.]
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.