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s 66

Identifying information of uncharged suspects

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Part 9Use and destruction of identifying information

66 Identifying information of uncharged suspects

(1)

In this section —

relevant offence, in relation to a suspect, means —

(a)

the offence that the suspect is suspected of having committed and in relation to which identifying information is obtained under Part 6; or

(b)

an offence arising out of the same circumstances as that offence.

(2)

Unless subsection (3) applies, identifying information of a suspect obtained under Part 6 —

(a)

may be compared with other information, whether or not in a forensic database, as soon as it is obtained; and

(b)

may be put in a forensic database as soon as it is obtained; and

(c)

must be destroyed if —

(i)

within 2 years after the information is obtained the suspect is not charged with a relevant offence; or

(ii)

the suspect is so charged but the charge is finalised without a finding of guilt,

and destruction is requested under section 69 by or on behalf of the suspect.

(3)

If a suspect from whom identifying information is obtained under Part 6 is subsequently charged with a relevant offence, section 67 applies to the information unless the information should have been destroyed.

[Section 66 amended: No. 15 of 2011 s. 8.]

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Section 66 — Identifying information of uncharged suspects — Criminal Investigation (Identifying People) Act 2002 (Western Australia) — Barrister AI