Western Australian Current Acts

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CRIMINAL INVESTIGATION (IDENTIFYING PEOPLE) ACT 2002 - SECT 37

37 .         Request to adult to undergo identifying procedure

        (1)         In this section —

        suspect means a suspect who is an adult.

        (2)         If an officer reasonably suspects —

            (a)         that a serious offence has been committed; and

            (b)         that an identifying particular of a suspect for the offence will afford evidence of whether or not the suspect committed the offence,

                the officer may request the suspect to consent to an identifying procedure being done on the suspect to obtain the identifying particular.

        (3)         An officer who requests a suspect to consent to an identifying procedure being done on the suspect must at the time inform the suspect of these matters —

            (a)         the serious offence that the suspect is suspected of having 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 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 the procedure may provide evidence that could be used in a court against the suspect; and

            (g)         that the suspect may consent or refuse to consent to the procedure; and

            (h)         that, if the suspect consents to the procedure, he or she may withdraw consent at any time before the procedure has been completed; and

                  (i)         that if the suspect does not consent or withdraws consent —

                  (i)         an application may be made for authority to do the procedure against the suspect’s will; and

                  (ii)         if authority is given the procedure may be done against the suspect’s will.



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