CRIMINAL INVESTIGATION (IDENTIFYING PEOPLE) ACT 2002 - SECT 49

CRIMINAL INVESTIGATION (IDENTIFYING PEOPLE) ACT 2002 - SECT 49

49 .         Request for charged suspect to undergo identifying procedure

        (1)         If it is practicable to do so, an officer may request a charged suspect to consent to an identifying procedure being done on the suspect for the purpose of obtaining one or more of a charged suspect’s identifying particulars.

        (2)         An officer who requests a charged suspect to consent to an identifying procedure being done on the suspect must at the time inform the suspect of these matters —

            (a)         the purpose of the procedure;

            (b)         how the procedure will be done;

            (c)         that information derived from the procedure may be compared with or put in a forensic database;

            (d)         the circumstances in which destruction may be requested under section 69;

            (e)         that the procedure may provide evidence that could be used in a court against the suspect;

            (f)         that if the suspect does not consent or withdraws consent to the procedure —

                  (i)         the suspect may be arrested; and

                  (ii)         the procedure may be done on the suspect against the suspect’s will.

        [Section 49 amended: No. 22 of 2013 s. 19.]