40AMagistrate may order arrest etc of suspect not in custody

40A Magistrate may order arrest etc of suspect not in custody for carrying out forensic procedure (1) This section applies if a magistrate orders the carrying out of a forensic procedure on a suspect mentioned in section 32 (a forensic procedure order).

(2) If the suspect is not in custody, the magistrate may, on the application of an authorised applicant, also make an order (an arrest and removal order) for— (a) the arrest of the suspect for the purpose of carrying out the forensic procedure; and (b) the removal of the suspect to the place where the forensic procedure is to be carried out. (3) The magistrate may make an arrest and removal order only if satisfied on reasonable grounds that— (a) the order is necessary to ensure that the forensic procedure will be carried out; or (b) the suspect might destroy evidence that might be obtained by carrying out the forensic procedure; or (c) the order is otherwise justified. (4) An authorised applicant may apply for an arrest and removal order in relation to a suspect— (a) when the authorised applicant applies for a forensic procedure order in relation to the suspect; or (b) at any time after a magistrate has made a forensic procedure order in relation to the suspect.