Western Australian Current Acts Western Australian Current Acts (1) On an application
made under section 32 a magistrate may issue an IP warrant (involved protected
person) if the magistrate is satisfied —
(a)
that, in respect of the matters in section 32(3) and (4) on which the
applicant is required to have a suspicion, there are reasonable grounds for
the applicant to have that suspicion; and
(b) that
the interests of justice justify obtaining the identifying particular
specified in the application.
(2) In determining
whether to make and, if so, the terms of an IP warrant (involved protected
person), the magistrate is to take into account —
(a) the
seriousness of the offence in respect of which the involved person is
suspected to have been a victim or witness; and
(b) in
the case of a child — the maturity of the child and his or her capacity
to make decisions and whether he or she is willing to undergo the procedure,
to the extent that those matters can be determined by the magistrate; and
(c) the
best interests of the protected person.
(3) For the purposes
of this section, a magistrate may inform himself or herself in any way he or
she thinks fit.
(4) In the case of an
application for an IP warrant (involved protected person) in respect of an
incapable person, the magistrate may, on his or her own initiative —
(a) give
a copy of the application to the Public Advocate; or
(b) seek
information or submissions from the Public Advocate; or
(c) if
the warrant is issued, give a copy of it to the Public Advocate,
and may use remote
communication to do so.
(5) An IP warrant
(involved protected person) must contain this information —
(a) the
official details of the applicant; and
(b) the
name of the involved person to whom it relates; and
(c) the
offence to which it relates; and
(d) the
identifying particular to be obtained and the non-intimate identifying
procedure by means of which it is to be obtained; and
(e)
either —
(i)
the limited forensic purposes for or in connection with
which the involved person’s identifying information may be used; or
(ii)
a statement that the information may be used for or in
connection with unlimited forensic purposes;
and
(f)
whether that identifying information may be put in a forensic database; and
(g) the
period, not exceeding 14 days, during which it may be executed; and
(h) the
name of the magistrate who issued it; and
(i)
the date and time when it was issued.
(6) An IP warrant
(involved protected person) must be in the prescribed form.
(7) An IP warrant
(involved protected person) authorises —
(a) an
officer authorised by subsection (8) —
(i)
to arrest the involved person to whom it relates; and
(ii)
to detain him or her for a reasonable period in order to
do the procedure specified in it;
and
(b) if
applicable, the doing of the procedure on the involved person against the
responsible person’s will.
(8) The powers in
subsection (7)(a) may be exercised by —
(a) if a
police officer applied for the warrant, any police officer; or
(b) if a
public officer applied for the warrant, any public officer who has the same
functions as the applicant, or any police officer.