Commonwealth Consolidated Acts Commonwealth Consolidated ActsBefore a request is made under section 23XWH, the constable must be satisfied on the balance of probabilities that:
(a) in the case of a person on whom the procedure is proposed to be carried out who is not serving a sentence of imprisonment in a prison or other place of detention--that the person is an offender; and
(b) the request for consent to carry out the forensic procedure is justified in all the circumstances.