17Forensic procedure order

17 Forensic procedure order

(1)  On the hearing of a forensic procedure application in respect of a suspect or charged person, a magistrate may make an order authorising the carrying out of a forensic procedure on the suspect or charged person if the magistrate is satisfied that –

(a) the person on whom the forensic procedure is to be carried out is a suspect or charged person; and

(b) the carrying out of the forensic procedure is justified in all the circumstances.

(2)  In determining whether the carrying out of the forensic procedure is justified in all the circumstances, the magistrate must balance the public interest in obtaining evidence tending to confirm or disprove that the suspect or charged person committed the offence concerned against the public interest in upholding the physical integrity of the suspect or charged person.

(3)  On making a forensic procedure order in respect of a suspect or charged person, the magistrate must –

(a) give reasons for making the order; and

(b) ensure that a written record of the order is kept and a copy of it provided to the applicant for the order; and

(c) inform the suspect or charged person, if present, that reasonable force may be used to ensure that he or she complies with the order.

(4)  A forensic procedure order in respect of a suspect or charged person may include directions as to the time, place and manner in which the forensic procedure is to be carried out.