Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If —
(a)
under section 37 a request is made to a suspect or under section 38
to a responsible person;
(b) the
suspect or responsible person is informed in accordance with section 37
or 38, as the case requires; and
(c) as
the case requires, either —
(i)
the suspect, if an adult, consents to the identifying
procedure; or
(ii)
the responsible person consents to the identifying
procedure being done on the suspect who is a protected person,
then the identifying
procedure may be done on the suspect.
(2) If a suspect who
is an adult, having been —
(a)
requested under section 37 to consent to an identifying procedure; and
(b)
informed under that section,
does not consent or
withdraws consent to the procedure, the procedure may only be done on the
suspect if —
(c) in
the case of a non-intimate identifying procedure — a senior officer
approves it under section 44; or
(d) in
the case of an intimate identifying procedure — a JP issues an IP
warrant (suspect) that authorises it.
(3) If a responsible
person, having been —
(a)
requested under section 38 to consent to an identifying procedure being
done on a suspect who is a protected person; and
(b)
informed under that section,
does not consent or
withdraws consent to the procedure, the procedure may only be done on the
suspect if a magistrate issues an IP warrant (suspect) that authorises it.