Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMINAL INVESTIGATION (IDENTIFYING PEOPLE) ACT 2002 - SECT 25

25 .         Request to adult to undergo identifying procedure

        (1)         In this section —

        involved person means an involved person who is an adult.

        (2)         If an officer reasonably suspects —

            (a)         that an offence has been committed; and

            (b)         that an identifying particular of an involved person, obtainable by means of a non-intimate identifying procedure, will afford evidence of the commission of the offence or of who committed the offence,

                the officer may request the person to consent to undergoing the non-intimate identifying procedure to obtain the identifying particular.

        (3)         An officer who requests an involved person to consent to an identifying procedure must at the time inform the person of these matters —

            (a)         the offence that is suspected of having been committed and to which the procedure relates; and

            (b)         the purpose of the procedure; and

            (c)         how the procedure will be done; and

            (d)         that, subject to the person’s decision, information derived from the procedure may be compared with or put in a forensic database; and

            (e)         the circumstances in which destruction may be requested under section 69; and

            (f)         that if the person should become a suspect for the offence, evidence provided by the procedure could be used in a court against the person; and

            (g)         that the person may decide whether —

                  (i)         to limit the forensic purposes for which information derived from the procedure may be used; or

                  (ii)         to allow the information to be used for unlimited forensic purposes;

                and

            (h)         that, if the procedure is done, the person may subsequently change the decision on the matters in paragraph (g) by notifying the Commissioner of Police; and

                  (i)         that the person may consent or refuse to consent to the procedure; and

            (j)         that, if the person consents to the procedure, he or she may withdraw consent at any time before the procedure has been completed.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback