Western Australian Current Acts Western Australian Current Acts (1) Identifying
information of a suspect obtained under Part 7 —
(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
(ca) may
be used to obtain any identifying particular of the suspect; and
(c)
subject to subsection (3), must be destroyed if the charge against the suspect
is finalised without a finding of guilt and destruction is requested under
section 69 by or on behalf of the suspect.
(2) Subsection (1)
also applies to and in respect of identifying information of a charged suspect
(within the meaning of Part 7) lawfully obtained before the commencement of
Part 7 as if the references in subsection (1)(a) and (b) to “as soon as
it is obtained” were deleted.
(3) Subsection (1)(c)
does not apply to identifying information of a suspect if, in relation to the
offence with which the suspect is charged —
(a) the
suspect is found to be unfit to stand trial under the Criminal Law (Mental
Impairment) Act 2023 ; or
(b) the
suspect is found not guilty of the offence on account of mental impairment.
(4) If identifying
information of a person is not destroyed because of the operation of
subsection (3) and the person —
(a) is
subsequently reasonably suspected of having committed a serious offence,
section 66 applies to the information; or
(b) is
subsequently charged with a serious offence, this section applies to the
information.
[Section 67 amended: No. 84 of 2004 s. 82; No. 15
of 2011 s. 9; No. 22 of 2013 s. 26; No. 10 of 2023 s. 317, 409 and 412.]