Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Identifying
information of a suspect obtained under Part 7 —
(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)
subject to subsection (3), must be destroyed if the charge against the
suspect is finalised without a finding of guilt and destruction is requested
under section 69 by or on behalf of the suspect.
(2)
Subsection (1) also applies to and in respect of identifying information
of a charged suspect (within the meaning of Part 7) lawfully obtained
before the commencement of Part 7.
(3)
Subsection (1)(c) does not apply to identifying information of a suspect
if, in relation to the offence with which the suspect is charged —
(a) the
suspect is found to be not mentally fit to stand trial under the
Criminal Law (Mentally Impaired Accused) Act 1996 ; or
(b) the
suspect is found not guilty of the offence on account of unsoundness of mind.
(4) If identifying
information of a person is not destroyed because of the operation of
subsection (3) and the person —
(a) is
subsequently reasonably suspected of having committed a serious offence,
section 66 applies to the information; or
(b) is
subsequently charged with a serious offence, this section applies to the
information.
[Section 67 amended by No. 84 of 2004
s. 82.]