Western Australian Current Acts

CRIMINAL INVESTIGATION (IDENTIFYING PEOPLE) ACT 2002 - SECT 54

54 .         General requirements

        (1)         Before doing an identifying procedure on a person the officer who is responsible for doing it must —

            (a)         identify himself or herself to the person; and

            (b)         if it is being done against the person’s will, tell the person that it is an offence to obstruct the carrying out of it.

        (2)         An intimate identifying procedure on a person —

            (a)         must be done in circumstances giving reasonable privacy to the person; and

            (b)         must not involve the removal of more clothing than is necessary for doing the procedure.

        (3)         A suspect must not be questioned in relation to an offence while he or she is undergoing an identifying procedure.

        (4)         If an identifying procedure is to be done on an incapable person the officer who is responsible for doing it must arrange for the incapable person to have near him or her while the procedure is done a responsible person or another person who can provide him or her with support.

        (5)         The number of people who are present while an identifying procedure is being done (excluding a person who is present under subsection (4)) must not exceed the number reasonably necessary to ensure the procedure is done effectively and to ensure the safety of all present.

        (6)         If this Part requires a power to be exercised in relation to a person by a person with specific qualifications, the officer authorised to exercise the power may authorise a person with those qualifications to exercise the power.

        (7)         A person so authorised may exercise the power.