New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 41

41 Arrest of suspect not under arrest

(1) If the suspect is not under arrest, the Magistrate or other authorised officer may, on the application of a police officer, issue a warrant for the arrest of the suspect for the purpose of carrying out the forensic procedure.

(2) An application for a warrant must be--

(a) made by information on oath, and

(b) accompanied by an affidavit dealing with the matters referred to in subsection (3) (a) and (b).

(3) The Magistrate or other authorised officer may issue a warrant only if satisfied--

(a) that the arrest is necessary to ensure that the forensic procedure can be carried out, or

(b) that the issue of the warrant is otherwise justified.

(4) A Magistrate or other authorised officer must not issue a warrant for the arrest of a suspect for the purpose of carrying out a forensic procedure if a warrant has previously been issued (by any Magistrate or other authorised officer) for the arrest of the suspect for the purpose of carrying out that forensic procedure.