23Matters to be considered by police officer before

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