25—Right to have witness present
(1) If an
intrusive forensic procedure is to be carried out on a person, the person must
be allowed a reasonable opportunity to arrange for the attendance, at the
person's expense, of a medical practitioner of the person's choice to witness
the forensic procedure.
(2) If, in accordance
with an authorisation under a Division of Part 2, a forensic procedure is to
be carried out on a person who is a protected person within the meaning of
that Division, an appropriate representative must be present to witness the
forensic procedure.
(3) An appropriate
representative may be—
(a) a
relative or friend chosen by, or acceptable to, the protected person; or
(b) if
there is no available person within the above category—an advocate for
the protected person nominated by a government or private agency with
responsibilities for the care of protected persons of the relevant class; or
(c) if
there is no available person within either of the above categories—a
person, who is not a police officer or person involved in the investigation of
the suspected offence (if any), chosen by a police officer in charge of a
police station or, where relevant, the investigating police officer.
(4) However, a witness
who attempts, without reasonable justification, to obstruct the
forensic procedure may be excluded from the place in which the procedure is
being or is to be carried out.