Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMINAL INVESTIGATION (IDENTIFYING PEOPLE) ACT 2002 - SECT 52C

52C .         Identifying particulars may be taken

        (1)         If a police officer reasonably suspects a person is a serious offender and his or her identifying particulars —

            (a)         are not held or may not be held by the WA Police; or

            (b)         are or may be needed to verify the person’s identity by comparison with identifying particulars already held by the WA Police,

                the police officer may, within 6 months after the date on which the person became a serious offender, request the offender, if it is practicable to do so, to consent to a non-intimate identifying procedure being done on the offender for the purpose of obtaining one or more of the offender’s identifying particulars.

        (2)         A police officer who requests a serious offender to consent to a non-intimate identifying procedure being done on the offender must at the time inform the offender of these matters —

            (a)         the purpose of the procedure;

            (b)         how the procedure will be done;

            (c)         that information derived from the procedure may be compared with or put in a forensic database;

            (d)         the circumstances in which destruction may be requested under section 69;

            (e)         that the procedure may provide evidence that could be used in a court against the offender;

            (f)         that if the offender does not consent or withdraws consent to the procedure —

                  (i)         the offender may be arrested; and

                  (ii)         the procedure may be done on the offender against the offender’s will.

        [Section 52C inserted: No. 22 of 2013 s. 22.]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback