POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 520
Effect of withdrawal of consent
POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 520
Effect of withdrawal of consent
520 Effect of withdrawal of consent
(1) This section applies if a forensic
procedure is being performed under a forensic procedure consent.
(2) If the
person who gave the consent withdraws the consent, the person performing the
procedure and any person helping that person must immediately stop performing
the procedure.
(3) Subsection (4) applies if the procedure is to be, or is
being, performed on—
(a) a child under 14 years; or
(b) a person with
impaired capacity and the consent was given for the person by a parent of the
person.
(4) The person who consented to the procedure being performed is
taken to have withdrawn the consent if the child or person with impaired
capacity objects to the performance of the procedure or resists while the
procedure is being performed.
(5) Withdrawal of consent does not affect the
admissibility in evidence of—
(a) anything observed, taken or collected
before the consent was withdrawn; or
(b) an analysis done on anything taken
or collected before the consent was withdrawn; or
(c) anything else done
under this chapter in relation to a thing mentioned in paragraph (a) or an
analysis mentioned in paragraph (b) .
