Western Australian Current Acts Western Australian Current Acts (1) In this section
—
suspect means a suspect who is a protected person.
(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 a responsible person to consent to an identifying procedure being done
on the suspect to obtain the identifying particular.
(3) An officer who
requests a responsible person to consent to an identifying procedure being
done on a suspect must at the time inform the responsible person of these
matters —
(a) the
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 responsible person may consent or refuse to consent to the procedure being
done on the suspect; and
(h)
that, if the responsible person consents to the procedure, he or she may
withdraw consent at any time before the procedure has been completed; and
(i)
that if the responsible person does not consent or
withdraws consent —
(i)
an application may be made for authority to do the
procedure against the responsible person’s will; and
(ii)
if authority is given the procedure may be done against
the responsible person’s will.
(4) If the suspect is
a child, the making of a request, and the giving of information, under this
section must be done in the presence of the suspect.
[Section 38 amended: No. 22 of 2013 s. 15.]