New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 11

11 Conditions under which police officer may request consent to forensic procedure

(1) A police officer may not ask a suspect to undergo a forensic procedure unless satisfied--

(a) that section 8, and section 9 or 10, as the case requires, have been complied with, and

(b) that the circumstances referred to in subsection (2) or (3) exist, and

(c) that the suspect is neither a child nor an incapable person, and

(d) that the request for consent is justified in all the circumstances.

(2) In the case of an intimate forensic procedure--

(a) the act or omission in respect of which the suspect is a suspect must constitute a prescribed offence, and

(b) there must be reasonable grounds to believe that the procedure might produce evidence tending to confirm or disprove--

(i) that the suspect has committed the prescribed offence referred to in paragraph (a), or

(ii) that the suspect has committed some other prescribed offence.

(3) In the case of a non-intimate forensic procedure--

(a) the act or omission in respect of which the suspect is a suspect must constitute an offence, and

(b) there must be reasonable grounds to believe that the procedure might produce evidence tending to confirm or disprove--

(i) that the suspect has committed the offence referred to in paragraph (a), or

(ii) that the suspect has committed some other offence.