83Circumstances in which magistrate may order carrying

83 Circumstances in which magistrate may order carrying out of forensic procedure on child or incapable person (1) A magistrate may order the carrying out of a forensic procedure on a child or incapable person if— (a) consent to the carrying out of the forensic procedure cannot reasonably be obtained from— (i) if the person is a child—the parent or guardian of the child; or (ii) if the person is an incapable person—the parent, guardian or close associate of the incapable person; or (b) the parent or guardian of the child or the parent, guardian or close associate of the incapable person refuses consent to the carrying out of the forensic procedure and the magistrate is satisfied that there are reasonable grounds to believe— (i) the parent, guardian or incapable person is a suspect; and (ii) the forensic procedure is likely to produce evidence tending to confirm or disprove that the parent, guardian or close associate committed an offence. (2) In deciding whether to make an order under this section, the magistrate must take into account— (a) whether this Act would authorise the carrying out of the forensic procedure apart from this section; and (b) if the forensic procedure is being carried out for the purposes of the investigation of a particular offence—the seriousness of the circumstances surrounding the commission of the offence; and (c) the best interests of the child or incapable person; and (d) so far as they can be found out, any wishes of the child or incapable person about whether the forensic procedure should be carried out; and Note A forensic procedure cannot be carried out on a child or incapable person who objects to or resists the carrying out of the procedure even if the magistrate makes an order (see s 79). (e) except in the circumstances mentioned in subsection (1) (b), any wishes expressed by the parent or guardian of the child or parent, guardian or close associate of the incapable person about whether the forensic procedure should be carried out; and (f) whether the carrying out of the forensic procedure is justified in all the circumstances. (3) An order under this section— (a) may require the forensic procedure to be carried out at a date, time or place, or in a way, stated in the order; and (b) must state the period for which forensic material obtained from carrying out the procedure or information obtained from analysis of the material may be retained.