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Crimes (Forensic Procedures) Act 2000
23Matters to be considered by police officer before
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23 Matters to be considered by police officer before
requesting consent to forensic procedure
(1) The police officer must be satisfied on the balance of probabilities
that—
(a) the person on whom the forensic procedure is proposed to be
carried out is a suspect; and
a handprint, fingerprint, footprint or toeprint—the offence in
relation to which the person is a suspect is a serious offence and
there are reasonable grounds to believe that the forensic
procedure is likely to produce evidence tending to confirm or
disprove that the suspect committed—
obtained because of carrying out the proposed forensic
procedure on the suspect is likely to have probative value;
and
footprint or toeprint—the offence in relation to which the person
is a suspect is an offence other than an offence that may be dealt
with by way of infringement notice and there are reasonable
grounds to believe that the forensic procedure is likely to
produce evidence tending to confirm or disprove that the suspect
committed—
(d) the person on whom the forensic procedure is proposed to be
carried out is not a child or incapable person; and
(e) the request for consent to carry out the forensic procedure is
(2) In deciding whether a request is justified in all the circumstances, the
police officer must balance the public interest in obtaining evidence
tending to confirm or disprove that the suspect committed the offence
concerned against the public interest in upholding the physical
integrity of the suspect.
(3) In balancing those interests, the police officer must have regard to the
the suspect, to the extent that they are known to the police
officer;
(d) whether there is a less intrusive but reasonably practicable way
(e) if the suspect gives any reasons for refusing to consent—the
(f) any other matter considered relevant to balancing those