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CRIMINAL INVESTIGATION (IDENTIFYING PEOPLE) ACT 2002 - SECT 56

56 .         Who may do identifying procedure

        (1)         When doing an identifying procedure on a person, a power in the Table to this section may only be exercised by a person specified opposite the power in the Table.

Table


Power

Who may exercise it

A.

Non-intimate identifying procedure

1.

Photographing a person, other than his or her private parts

Doctor, nurse or qualified person

2.

Obtaining a print of the person’s hands (including fingers), feet (including toes) or ears

Qualified person

3.

Taking a buccal swab from the person

Doctor, dentist, nurse or qualified person

4.

Taking a sample of the person’s hair other than pubic hair

Doctor, nurse or qualified person

B.

Intimate identifying procedure

1.

Photographing an identifying feature of the person on his or her private parts

Doctor, nurse or qualified person

2.

Taking a sample of the person’s pubic hair

Doctor or nurse

3.

Taking a sample of blood from the person

Doctor, nurse or qualified person

4.

Taking a dental impression of the person

Doctor or dentist

        (2)         If the regulations, for the purpose of the definition of identifying particular in section 17, 23, 34, 47 or 52A, prescribe an identifying particular, the regulations may —

            (a)         for each identifying procedure needed to obtain the identifying particular, prescribe powers that may be exercised to do the procedure; and

            (b)         for each power, prescribe the person, or class of persons, who may exercise it.

        [Section 56 amended: No. 22 of 2013 s. 23.]



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