Australian Capital Territory Current Acts

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CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 25

Withdrawal of suspect's consent

If a suspect expressly withdraws consent to the carrying out of a forensic procedure under this Act (or if the withdrawal of such consent can reasonably be inferred from the suspect's conduct) before or during the carrying out of the forensic procedure

        (a)     the forensic procedure must be treated from the time of the withdrawal as a forensic procedure for which consent has been refused; and

        (b)     the forensic procedure may be carried out in accordance with an order under part 2.4 (Non-intimate forensic procedures on suspect by order of police officer) or part 2.5 (Forensic procedures on suspect by order of magistrate) and not otherwise.



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