Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
relevant offence , in relation to a suspect,
means —
(a) the
offence that the suspect is suspected of having committed and in relation to
which identifying information is obtained under Part 6; or
(b) an
offence arising out of the same circumstances as that offence.
(2) Unless
subsection (3) applies, identifying information of a suspect obtained
under Part 6 —
(a) may
be compared with other information, whether or not in a forensic database, as
soon as it is obtained, but, if it is a DNA profile, may only be compared with
information in a DNA database in accordance with section 78;
(b) may
be put in a forensic database as soon as it is obtained; and
(c) must
be destroyed if —
(i)
within 2 years after the information is obtained the
suspect is not charged with a relevant offence; or
(ii)
the suspect is so charged but the charge is finalised
without a finding of guilt,
and destruction is
requested under section 69 by or on behalf of the suspect.
(3) If a suspect from
whom identifying information is obtained under Part 6 is subsequently
charged with a relevant offence, section 67 applies to the information
unless the information should have been destroyed.