CRIMINAL INVESTIGATION (IDENTIFYING PEOPLE) ACT 2002 - SECT 37
CRIMINAL INVESTIGATION (IDENTIFYING PEOPLE) ACT 2002 - SECT 37
37 . Request to adult to undergo identifying procedure
(1) In this section
—
suspect means a suspect who is an adult.
(2) If an officer
reasonably suspects —
(a) that
a serious offence has been committed; and
(b) that
an identifying particular of a suspect for the offence will afford evidence of
whether or not the suspect committed the offence,
the officer may
request the suspect to consent to an identifying procedure being done on the
suspect to obtain the identifying particular.
(3) An officer who
requests a suspect to consent to an identifying procedure being done on the
suspect must at the time inform the suspect of these matters —
(a) the
serious offence that the suspect is suspected of having committed and to which
the procedure relates; and
(b) the
purpose of the procedure; and
(c) how
the procedure will be done; and
(d) that
information derived from the procedure may be compared with or put in a
forensic database; and
(e) the
circumstances in which destruction may be requested under section 69; and
(f) that
the procedure may provide evidence that could be used in a court against the
suspect; and
(g) that
the suspect may consent or refuse to consent to the procedure; and
(h)
that, if the suspect consents to the procedure, he or she may withdraw consent
at any time before the procedure has been completed; and
(i)
that if the suspect does not consent or withdraws consent
—
(i)
an application may be made for authority to do the
procedure against the suspect’s will; and
(ii)
if authority is given the procedure may be done against
the suspect’s will.