Western Australian Current Acts

CRIMINAL INVESTIGATION (IDENTIFYING PEOPLE) ACT 2002 - SECT 66

66 .         Identifying information of uncharged suspects

        (1)         In this section —

        relevant offence , in relation to a suspect, means —

            (a)         the offence that the suspect is suspected of having committed and in relation to which identifying information is obtained under Part 6; or

            (b)         an offence arising out of the same circumstances as that offence.

        (2)         Unless subsection (3) applies, identifying information of a suspect obtained under Part 6 —

            (a)         may be compared with other information, whether or not in a forensic database, as soon as it is obtained; and

            (b)         may be put in a forensic database as soon as it is obtained; and

            (c)         must be destroyed if —

                  (i)         within 2 years after the information is obtained the suspect is not charged with a relevant offence; or

                  (ii)         the suspect is so charged but the charge is finalised without a finding of guilt,

                and destruction is requested under section 69 by or on behalf of the suspect.

        (3)         If a suspect from whom identifying information is obtained under Part 6 is subsequently charged with a relevant offence, section 67 applies to the information unless the information should have been destroyed.

        [Section 66 amended: No. 15 of 2011 s. 8.]