Western Australian Current Acts

CRIMINAL INVESTIGATION (IDENTIFYING PEOPLE) ACT 2002 - SECT 46

46 .         IP warrant (suspect) , issue and effect of

        (1)         On an application made under section 45 a JP or magistrate, as the case requires, may issue an IP warrant (suspect) if he or she is satisfied —

            (a)         that, in respect of the matters in section 45(3) on which the applicant is required to have a suspicion, there are reasonable grounds for the applicant to have that suspicion; and

            (b)         that the interests of justice justify obtaining the identifying particular specified in the application.

        (2)         In the case of an application for an IP warrant (suspect) in respect of an incapable person, the magistrate may, on his or her own initiative —

            (a)         give a copy of the application to the Public Advocate; or

            (b)         seek information or submissions from the Public Advocate; or

            (c)         if the warrant is issued, give a copy of it to the Public Advocate,

                and may use remote communication to do so.

        (3)         An IP warrant (suspect) must contain this information —

            (a)         the official details of the applicant; and

            (b)         the name of the suspect to whom it relates; and

            (c)         the offence to which it relates; and

            (d)         the identifying particular to be obtained and the identifying procedure by means of which it is to be obtained; and

            (e)         the period, not exceeding 14 days, during which it may be executed; and

            (f)         the name of the JP or magistrate who issued it; and

            (g)         the date and time when it was issued.

        (4)         An IP warrant (suspect) must be in the prescribed form.

        (5)         An IP warrant (suspect) authorises —

            (a)         an officer authorised by subsection (6) —

                  (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 identifying procedure specified in it;

                and

            (b)         the doing of the identifying procedure on the suspect against his or her will or against the responsible person’s will, as the case requires.

        (6)         The powers in subsection (5)(a) may be exercised by —

            (a)         if a police officer applied for the warrant, any police officer; or

            (b)         if a public officer applied for the warrant, any public officer who has the same functions as the applicant, or any police officer.