FORENSIC PROCEDURES ACT 2000 - SECT 8 Circumstances for carrying out forensic procedure
FORENSIC PROCEDURES ACT 2000 - SECT 8
PART 2 - Forensic Procedures on Suspects and Charged Persons Division 1 - Circumstances for carrying out forensic procedures on suspects and charged persons Circumstances for carrying out forensic procedure
(1) Where a suspect is 15 years old or older (a) an intimate forensic procedure may be carried out on the suspect in accordance with this Act (i) if the suspect has given informed consent to the carrying out of the forensic procedure; or(ii) on the order of a magistrate; and(b) a non-intimate forensic procedure may be carried out on the suspect in accordance with this Act (i) if the suspect has given informed consent to the carrying out of the forensic procedure; or(ii) on the order of an Officer of Police.(2) Where a charged person is 15 years or older (a) an intimate forensic procedure may be carried out on the charged person in accordance with this Act (i) if the charged person has given informed consent to the carrying out of the forensic procedure; or(ii) on the order of a magistrate; and(b) a non-intimate forensic procedure may be carried out on the charged person in accordance with this Act (i) on the order of any police officer if the charged person is in custody; or(ii) on the order of an Officer of Police if the charged person is not in custody.(3) Where a suspect or charged person is between 10 and 14 years of age (both years inclusive), a forensic procedure may be carried out on the suspect or charged person in accordance with this Act (a) if both the suspect or charged person and his or her parent have given informed consent to the carrying out of the forensic procedure; or(b) on the order of a magistrate.(4) For the purposes of this section, a suspect, charged person or parent gives informed consent to the carrying out of a forensic procedure if the suspect, charged person or parent consents to the carrying out of the forensic procedure after a police officer has (a) requested the suspect, charged person or parent to consent to the procedure; and(b) informed the suspect, charged person or parent about the procedure (i) in accordance with section 10 ; and(ii) through an interpreter if necessary, in a language (including sign language or braille) in which the suspect, charged person or parent is able to communicate with reasonable fluency.