Identifying particulars may be taken
52C Identifying particulars may be taken
If a police officer reasonably suspects a person is a serious offender and his or her identifying particulars —
are not held or may not be held by the WA Police; or
are or may be needed to verify the person’s identity by comparison with identifying particulars already held by the WA Police,
the police officer may, within 6 months after the date on which the person became a serious offender, request the offender, if it is practicable to do so, to consent to a non‑intimate identifying procedure being done on the offender for the purpose of obtaining one or more of the offender’s identifying particulars.
A police officer who requests a serious offender to consent to a non‑intimate identifying procedure being done on the offender must at the time inform the offender of these matters —
the purpose of the procedure;
how the procedure will be done;
that information derived from the procedure may be compared with or put in a forensic database;
the circumstances in which destruction may be requested under section 69;
that the procedure may provide evidence that could be used in a court against the offender;
that if the offender does not consent or withdraws consent to the procedure —
the offender may be arrested; and
the procedure may be done on the offender against the offender’s will.
[Section 52C inserted: No. 22 of 2013 s. 22.]
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