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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.