12Circumstances in which police officer may order non-intimate forensic procedure

12 Circumstances in which police officer may order non-intimate forensic procedure

(1)  A police officer may make an order authorising the carrying out of a non-intimate forensic procedure on a charged person who is in custody.

(2)  An Officer of Police may make an order authorising the carrying out of a non-intimate forensic procedure on a suspect or charged person who is not in custody, if the Officer of Police is satisfied there are reasonable grounds to suspect that the forensic procedure may produce evidence tending to confirm or disprove that the suspect or charged person committed a serious offence.

(3)  An order authorising the carrying out of a non-intimate forensic procedure –

(a) on a charged person who is in custody may be made verbally; or

(b) on a suspect or charged person who is not in custody must be made in writing.

(4)  A written order must include the date and time when the order is made and the reasons for making the order.

(5)  [Section 12 Subsection (5) amended by No. 28 of 2014, s. 7, Applied:17 Dec 2014] Despite subsection (3)(b) , if, in the opinion of an Officer of Police, making the order in writing is not reasonably practicable in the circumstances or would cause a delay in carrying out the forensic procedure that may result in evidence relating to the commission of a serious offence being lost or destroyed, that Officer of Police may make the order by communicating it to another police officer by means of telephone, radio, electronic mail or other electronic means.

(6)  An Officer of Police who makes an order by a means referred to in subsection (5) must –

(a) make a written record of the order and the time and date it was made; and

(b) sign that record; and

(c) provide that record or a copy of it to the police officer to whom the order was communicated.

(7)  A police officer to whom an order made by an Officer of Police is communicated by a means referred to in subsection (5) must, at the time the order is communicated –