Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Only an officer
may apply for an IP warrant (involved protected person).
(2) An application for
an IP warrant (involved protected person) must be made to a magistrate in
accordance with section 15.
(3) An application for
an IP warrant (involved protected person) must —
(a) name
the person in respect of whom the warrant is wanted;
(b)
state the offence in respect of which the involved person is suspected to have
been an involved person;
(c)
state the grounds on which the applicant suspects that the person is an
involved person in respect of the offence;
(d)
specify the identifying particular that is sought and the non-intimate
identifying procedure by means of which it is to be obtained;
(e)
state the grounds on which the applicant suspects that the identifying
particular will afford evidence of whether or not another person committed the
offence;
(f) if
the application is made under section 31(a) — state the
grounds on which the applicant suspects that the investigation of the offence
concerned would be prejudiced if a request were made under section 26;
and
(g)
comply with the relevant provisions of subsection (4).
(4) An application for
an IP warrant (involved protected person) must also state the
applicant’s grounds for suspecting —
(a) if
the application is made under section 31(b) — either that it
is not reasonably practicable to obtain a responsible person’s consent
to the involved person undergoing the procedure or —
(i)
that a responsible person has refused to or will not
consent, or has withdrawn consent, to the involved person undergoing the
procedure;
(ii)
that the responsible person is a suspect in relation to a
serious offence; and
(iii)
that the procedure will afford evidence of whether or not
the responsible person committed the offence;
and
(b) in
the case of a child, that the child —
(i)
is willing to undergo the non-intimate identifying
procedure; and
(ii)
is sufficiently mature and capable of understanding the
general nature and effect of, and the reason for and the consequences of,
undergoing the procedure.