Western Australian Current Acts Western Australian Current Acts (1) If —
(a)
under section 37 a request is made to a suspect or under section 38 to a
responsible person; and
(b) the
suspect or responsible person is informed in accordance with section 37 or 38,
as the case requires; and
(c) as
the case requires, either —
(i)
the suspect, if an adult, consents to the identifying
procedure; or
(ii)
the responsible person consents to the identifying
procedure being done on the suspect who is a protected person,
then the identifying
procedure may be done on the suspect.
(2) If a suspect who
is an adult, having been —
(a)
requested under section 37 to consent to an identifying procedure; and
(b)
informed under that section,
does not consent or
withdraws consent to the procedure, the procedure may only be done on the
suspect if —
(c) in
the case of a non-intimate identifying procedure — a senior officer
approves it under section 44; or
(d) in
the case of an intimate identifying procedure — a JP issues an IP
warrant (suspect) that authorises it.
(3) If a responsible
person, having been —
(a)
requested under section 38 to consent to an identifying procedure being done
on a suspect who is a protected person; and
(b)
informed under that section,
does not consent or
withdraws consent to the procedure, the procedure may only be done on the
suspect if a magistrate issues an IP warrant (suspect) that authorises it.
(4) If a suspect is a
protected person and, after making reasonable enquiries to find a responsible
person, an officer reasonably suspects that —
(a)
there is no responsible person; or
(b) a
responsible person cannot be found within a reasonable time; or
(c) it
is impracticable to request the consent of a responsible person,
an identifying
procedure may only be done on the suspect if a magistrate issues an IP warrant
(suspect) that authorises it.
[Section 40 amended: No. 22 of 2013 s. 16.]