(1) On an application
made under section 43 a senior officer may approve a non-intimate identifying
procedure being done on a suspect against the suspect’s will.
(2) A senior officer
must not give approval unless he or she is satisfied —
(a) that
the suspect is an adult; and
(b) that
the suspect has been informed in accordance with section 37; and
(c)
that, in respect of the matters in section 43(4) about which the applicant is
required to have a suspicion, there are reasonable grounds for the applicant
to have that suspicion; and
(d) that
the interests of justice justify obtaining the identifying particular
specified in the application.
(3) As soon as
practicable after giving approval a senior officer must make a record of
—
(a) the
date and time when it was given; and
(b) the
reasons for giving it.
(4) An approval may be
given by remote communication.
(5) An approval given
under this section authorises —
(a) an
officer —
(i)
to arrest the suspect to whom it relates; and
(ii)
to detain him or her for a reasonable period in order to
do the non-intimate identifying procedure approved;
and
(b) the
doing of the non-intimate identifying procedure on the suspect against his or
her will.