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Crimes (Forensic Procedures) Act 2000
29Matters to be considered by police officer before ordering
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29 Matters to be considered by police officer before ordering
(1) The police officer must be satisfied on the balance of probabilities
that—
(a) the suspect is in custody that is lawful custody; and
Non-intimate forensic procedures on suspect by order of police officer Part 2.4
a handprint, fingerprint, footprint or toeprint—the offence for
which the person is a suspect is a serious offence and there are
reasonable grounds to believe that the suspect committed—
obtained because of carrying out the procedure on the
suspect is likely to have probative value; and
footprint or toeprint—the offence for 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 suspect committed—
(d) there are reasonable grounds to believe that the forensic
procedure is likely to produce evidence tending to confirm or
disprove that the suspect committed the relevant offence; and
(e) the carrying out of the forensic procedure without consent is
Part 2.4 Non-intimate forensic procedures on suspect by order of police officer
(2) In deciding whether the carrying out of the forensic procedure
without consent 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