Western Australian Current Acts

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CRIMINAL INVESTIGATION (IDENTIFYING PEOPLE) ACT 2002 - SECT 44

44 .         Senior officer may approve non-intimate identifying procedure to be done on adult

        (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.



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