3A. Consent to giving move on order by electronic means (Act s. 27B) 2
3B. Time when move on order given (Act s. 27B) 3
Forms prescribed 3
Forms, completing 3
Approving courses for certain forensic procedures 3
Qualified persons for certain forensic procedures 4
Authorised person prescribed (s. 120) 5
Schedule 1 — Forms
Search warrant (Act s. 42) 6
Order to produce a business record (Act s. 53) 8
Data access order (Act s. 59) 10
FP warrant (involved person) (Act s. 90) 11
FP warrant (suspect) (Act s. 100) 13
Seizure notice (Act s. 147) 15
Notes
Compilation table 16
Defined terms
Criminal Investigation Act 2006
Criminal Investigation Regulations 2007
1. Citation
These regulations are the *Criminal Investigation Regulations 2007* 1.
2. Commencement
These regulations come into operation as follows:
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day on which section 156 of the Act comes into operation.
3. Terms used
In these regulations —
Act means the Criminal Investigation Act 2006;
approved course means a course approved under regulation 6;
Commissioner means the Commissioner of Police;
electronic address means an email address or mobile telephone number;
forensic procedure power means a power that may be exercised when doing a forensic procedure on a person under Part 9 of the Act by a qualified person.
[Regulation 3 amended: SL 2025/193 r. 4.]
3A. Consent to giving move on order by electronic means (Act s. 27B)
(1) For the purposes of section 27B(1)(c) of the Act, consent to a police officer giving a move on order to a person by electronic means must be given by the person indicating in any of the following ways that the person consents to the move on order being given by sending it to an electronic address provided by the person —
(a) in writing;
(b) orally;
(c) by non‑verbal actions that a reasonable person would consider to indicate consent (for example, by gestures).
(2) The police officer giving a move on order and the person to whom the order is being given must be in one another’s physical presence when consent under section 27B(1)(c) of the Act is given.
(3) A person does not give consent under section 27B(1)(c) of the Act merely because the person gives their personal details following a request under section 27(4) of the Act.
(4) Consent is taken not to be given by a person under section 27B(1)(c) of the Act if —
(a) the person was coerced or pressured to give consent; or
(b) the person did not have the capacity to give consent (including as a result of a physical or mental disability, illness or impairment); or
(c) due to a limited understanding of the language used in communications about consent, the person did not understand the communications.
[Regulation 3A inserted: SL 2025/193 r. 5.]
3B. Time when move on order given (Act s. 27B)
(1) A move on order given in accordance with section 27B(1)(a) or (b) of the Act is taken to be given to a person at the time the order is handed to or left near the person under that provision.
(2) A move on order given to a person by sending it to an electronic address provided by the person with the consent of the person under section 27B(1)(c) of the Act is taken to be given at the time the order is sent to the electronic address, unless it is proved that the order was not delivered to the electronic address.
[Regulation 3B inserted: SL 2025/193 r. 5.]
4. Forms prescribed
Each form in Schedule 1 is prescribed for the purposes of the section of the Act for which it is prescribed.
5. Forms, completing
(1) A form in Schedule 1 may be adapted as necessary for the purposes of the section of the Act for which it is prescribed.
(2) If an item in a form in Schedule 1 does not have enough space to complete it, the person completing it must —
(a) insert in the item “See attachment [number]”; and
(b) attach to the form a separate document titled “Attachment [number] — [name of the item]”.
Example for this regulation:
A single attachment to Form 1 for the item “Thing(s) to be searched for” will be titled “Attachment 1 — Thing(s) to be searched for”.
6. Approving courses for certain forensic procedures
(1) Any act done by the Commissioner under this regulation must be in writing.
(2) The Commissioner may approve a course of training or study in relation to exercising a forensic procedure power if satisfied that a person who satisfactorily completes the course is competent to exercise the power when doing the procedure on another person.
(3) The Commissioner may amend or cancel an approval given under subregulation (2).
(4) Notice of any act done by the Commissioner under subregulation (2) or (3) must be published in the Gazette.
7. Qualified persons for certain forensic procedures
(1) Any act done by the Commissioner or his or her delegate under this regulation must be in writing.
(2) If the Commissioner is satisfied —
(a) on the basis of a person’s qualifications or experience in relation to exercising a forensic procedure power that the person is competent to exercise the power when doing the procedure on another person; or
(b) that a person has successfully completed an approved course in relation to exercising a forensic procedure power,
the Commissioner may give the person a certificate that says the person is qualified to exercise the power when doing the forensic procedure, either generally or in a way or circumstances specified in the certificate.
(3) A certificate may relate to more than one forensic procedure power.
(4) The Commissioner may cancel a person’s certificate —
(a) if there is good reason to do so; or
(b) if the person ceases to be a person whose official duties may include doing forensic procedures.
(5) If the Commissioner cancels a person’s certificate, the Commissioner must give the person a notice of the fact and of the effect of subregulation (6).
(6) A person who is given a notice under subregulation (5) must return the certificate concerned to the Commissioner within 14 days after the day on which he or she is given the notice.
Penalty: a fine of $500.
(7) The Commissioner must keep a register of persons who have certificates.
(8) The Commissioner may delegate his or her functions under this regulation, other than this power of delegation, to a police officer who is, or is acting as, a superintendent or an officer of a rank more senior than a superintendent.
(9) A person who is given a certificate in relation to a forensic procedure power is, subject to the terms of the certificate, a qualified person for the purposes of Part 9 of the Act in relation to exercising the power when doing the procedure.
8. Authorised person prescribed (s. 120)
For the purposes of section 120, each of the following persons is an authorised person —
(a) an assessor as defined in the Criminal Injuries Compensation Act 2003 section 3;
(b) a member of the police force of another State or of a Territory.
[Regulation 8 inserted: SL 2021/21 r. 4.]
[9. Deleted: SL 2026/5 r. 4.]
Schedule 1 — Forms
[r. 4]
[Form 1A deleted: SL 2024/282 r. 4.]
Search warrant (Act s. 42)
Criminal Investigation Act 2006 s. 42 Search warrant
To1 All police officers.
Application The applicant has applied under the Criminal Investigation Act 2006 s. 41 to me, a Justice of the Peace, for a search warrant.
Applicant’s details2 Name of officer
Office held Registered No.
Station/squad
Suspected offence(s)
Warrant This warrant authorises you to search the place described below for the person described below, or for the thing(s) or class of thing described below, using the powers in the Criminal Investigation Act 2006 s. 43 and 44.This warrant must be executed in accordance with s. 43 to s. 45 of that Act.
Place to be searched3
Person or thing(s) to be searched for4
Execution period5 This warrant must be executed within days after the date it is issued.
Issuing details Name of JP
Date Time
JP’s signature Issued by me on the above date and at the above time.Justice of the Peace
Execution details Start Date: Time: End Date: Time:
Other place entered under s. 44(2)(a)? Yes/No If yes, official details of senior officer who approved the entry:
Person found/Thing(s) seized? Yes/No
Officer in charge of execution2 Name
Office held Registered No.
Station/squad
Notes to Form 1 —
If the applicant is a public officer, include a reference to the officers who can execute the warrant (see the Act s. 43(5)).
This must comply with the Act s. 42(2)(a) read with s. 3(1) “official details”.
State the address or geographical location of the place to be searched. If a vessel, vehicle or aircraft is to be searched, describe it and give the address or geographical location of it.
Describe the person or the thing(s) or class of things to be searched for.
This period must not exceed 30 days (see the Act s. 42(2)(f)).
Order to produce a business record (Act s. 53)
Criminal Investigation Act 2006 s. 53 Order to produce a business record
To1
Application The applicant has applied under the Criminal Investigation Act 2006 s. 52 to me, a Justice of the Peace, for an order to produce a business record.
Applicant’s details2 Name of officer
Office held Registered No.
Station/squad
Business record(s) to be produced Description of record(s)3 Version to be produced4
Order5 You are ordered to produce the version of the record or records described above at the place described below on or before [date].
WarningIt is an offence not to obey this order without a reasonable excuse.
Where record(s) to be produced
Issuing details Name of JP
Date Time
JP’s signature Issued by me on the above date and at the above time.Justice of the Peace
Service details6 On [date] I served a copy of this order on the person to whom it is addressed by:Signature of server
Server’s details2 Name of officer
Office held Registered No.
Station/squad
Notes to Form 2 —
State the name and address of the person to whom the order applies.
This must comply with the Act s. 53(2)(a) read with s. 3(1) “official details”.
This must comply with the Act s. 53(2)(c).
This must comply with the Act s. 53(2)(e) and (f). Specify whether original or copy and whether paper, electronic or other version is to be produced.
The date on or before which the order must be obeyed must allow a reasonable time for the person to comply with the order (see the Act s. 53(2)(h)).
State how the copy was served in accordance with the Act s. 54.
Data access order (Act s. 59)
Criminal Investigation Act 2006 s. 59 Data access order
To1
Application The applicant has applied under the Criminal Investigation Act 2006 s. 58 to me, a magistrate, for a data access order.
Applicant’s details2 Name of officer
Office held Registered No.
Station/squad
Data storage device details3
Order You are ordered to provide information or assistance that is reasonable and necessary to allow the above applicant to do any or all of the following — (a) to gain access to any data the above data storage device may contain;(b) to copy any such data to another data storage device;(c) to reproduce any such data on paper.You must obey this order on or before [date].
WarningIt is an offence not to obey this order without a reasonable excuse.
Issuing details Name of magistrate
Date Time
Magistrate’s signature Issued by me on the above date and at the above time.Magistrate
Service details On [date] I served a copy of this order on the person to whom it is addressed personally.Signature of server
Server’s details2 Name of officer
Office held Registered No.
Station/squad
Notes to Form 3 —
State the name and address of the person to whom the order applies.
This must comply with the Act s. 59(2)(a) read with s. 3(1) “official details”.
Describe the data storage device to which the order relates.
FP warrant (involved person) (Act s. 90)
Criminal Investigation Act 2006 s. 90 FP warrant (involved person)
To1 All police officers.
Application The applicant has applied under the Criminal Investigation Act 2006 s. 89 to me, a magistrate, for a FP (involved person) warrant.
Applicant’s details2 Name of officer
Office held Registered No.
Station/squad
Involved person Full name
Date of birth
Offence(s)3
Procedure authorised4[Tick one box] Non-intimate forensic procedure Intimate forensic procedure Internal forensic procedure of this kind —
Relevant thing to be searched for5
Warrant This warrant authorises you —
to arrest the involved person named above; and
to detain him or her for a reasonable period in order to do the above forensic procedure.
This warrant also authorises the doing of the above forensic procedure on the involved person named above without the consent or consents referred to in s. 86(1) or (2) of the Act.The above forensic procedure must be done in accordance with Part 9 Division 6 of the Act.
Execution period6 This warrant must be executed within days after the date it is issued.
Issuing details Name of magistrate
Date Time
Magistrate’s signature Issued by me on the above date and at the above time.Magistrate
Execution details Start Date: Time: End Date: Time:
Involved person arrested or detained? Yes/No
Procedure done by: 7
Relevant thing seized or sample taken? Yes/No If yes, describe it:
Officer in charge of execution2 Name
Office held Registered No.
Station/squad
Notes to Form 4 —
If the applicant is a public officer, include a reference to the officers who can execute the warrant (see the Act s. 90(8)).
This must comply with the Act s. 90(6)(a) read with s. 3(1) “official details”.
Offence(s) in respect of which the involved person is suspected to be an involved person.
If an internal forensic procedure is authorised, specify the kind of procedure that is proposed to be done on the involved person.
“Relevant thing” is defined in the Act s. 73.
This period must not exceed 14 days (see the Act s. 90(6)(g)).
Full name(s) of who did the procedure on the involved person and their qualification (e.g. doctor, nurse).
FP warrant (suspect) (Act s. 100)
Criminal Investigation Act 2006 s. 100 FP warrant (suspect)
To1 All police officers.
Application[*Delete the inapplicable] The applicant has applied under the Criminal Investigation Act 2006 s. 99 to me, a *Justice of the Peace/magistrate, for an FP (suspect) warrant.
Applicant’s details2 Name of officer
Office held Registered No.
Station/squad
Suspect Full name
Date of birth
Offence(s)3
Procedure authorised4[Tick one box] Non-intimate forensic procedure Intimate forensic procedure Internal forensic procedure of this kind —
Relevant thing to be searched for5
Warrant This warrant authorises you —
to arrest the suspect named above; and
to detain him or her for a reasonable period in order to do the above forensic procedure.
This warrant also authorises the doing of the above forensic procedure on the suspect named above without the consent or consents referred to in s. 94(1) or (2) of the Act.The above forensic procedure must be done in accordance with Part 9 Division 6 of the Act.
Execution period6 This warrant must be executed within days after the date it is issued.
Issuing details Name of JP/magistrate
Date Time
JP/Magistrate’s signature Issued by me on the above date and at the above time.Justice of the Peace/Magistrate
Execution details Start Date: Time: End Date: Time:
Suspect arrested or detained? Yes/No
Procedure done by: 7
Relevant thing seized or sample taken? Yes/No If yes, describe it:
Officer in charge of execution2 Name
Office held Registered No.
Station/squad
Notes to Form 5 —
If the applicant is a public officer, include a reference to the officers who can execute the warrant (see the Act s. 100(8)).
This must comply with the Act s. 100(5)(a) read with s. 3(1) “official details”.
Offence(s) that the suspect is suspected of having committed.
If an internal forensic procedure is authorised, specify the kind of procedure that is proposed to be done on the suspect.
“Relevant thing” is defined in the Act s. 73.
This period must not exceed 14 days (see the Act s. 100(5)(g)).
Full name(s) of who did the procedure on the involved person and their qualification (e.g. doctor, nurse).
Seizure notice (Act s. 147)
Criminal Investigation Act 2006 s. 147 Seizure notice
To The owner of the property to which this notice is attached and to anyone else who reads this notice.
Property description
Seizure notice Under the Criminal Investigation Act 2006 the property described above, to which this notice is attached, has been seized because it is a thing relevant to an offence.You must not lease, sell, transfer, mortgage, give away, move, use, destroy, or otherwise deal with the property without a court order or proper authorisation.For information about this seizure notice, contact the officer below.
WarningIt is an offence under the Criminal and Found Property Disposal Act 2006 s. 10 to deal with this property.
Issuing details1 Name of officer
Office held Registered No.
Contact details
Date Time
Officer’s signature I issued and attached this notice to the above property on the above date and at the above time.Police officer/Public officer
Removal This notice must not be removed except by a officer with the same functions as the above officer.
Note to Form 6 —
This must comply with the Act s. 100(5)(a) read with s. 3(1) “official details”.
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Notes
This is a compilation of the Criminal Investigation Regulations 2007 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.
Compilation table
Citation
Published
Commencement
Criminal Investigation Regulations 2007
22 Jun 2007 p. 2941-58
r. 1 and 2: 22 Jun 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2007 (see r. 2(b) and Gazette 22 Jun 2007 p. 2837)
Criminal Investigation Amendment Regulations 2008
13 Jun 2008 p. 2519-22
r. 1 and 2: 13 Jun 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 30 Sep 2008 (see r. 2(b) and Gazette 11 Jul 2008 p. 3253)
Criminal Investigation Amendment Regulations 2015
26 Jun 2015 p. 2270
r. 1 and 2: 26 Jun 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b)(ii) and Gazette 26 Jun 2015 p. 2235)
Criminal Investigation Amendment Regulations 2021
SL 2021/21 12 Feb 2021
r. 1 and 2: 12 Feb 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 13 Feb 2021 (see r. 2(b))
Police Regulations Amendment (Edged Weapons and Move On Orders) Regulations 2024 Pt. 2
SL 2024/282 18 Dec 2024
20 Dec 2024 (see r. 2(b))
Criminal Investigation Amendment Regulations 2025
SL 2025/193 26 Nov 2025
r. 1 and 2: 26 Nov 2025 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Dec 2025 (see r. 2(b))
Criminal Investigation Amendment Regulations 2026
SL 2026/5 21 Jan 2026
r. 1 and 2: 21 Jan 2026 (see r. 2(a)); Regulations other than r. 1 and 2: 22 Jan 2026 (see r. 2(b))
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.