A magistrate may, under section 33 or section 41 (Interim order for immediate carrying out of forensic procedure), order the carrying out of a forensic procedure on a suspect if—
(a) the suspect is not in custody and has not consented to the forensic procedure; or
(b) the suspect is in custody, has been requested to consent and has not consented to the forensic procedure; or
(c) the suspect is in custody and the investigation period when the suspect may lawfully be held has not yet expired; or
(d) the suspect is a child or incapable person.