38Withdrawal of consent

38 Withdrawal of consent

(1)  [Section 38 Subsection (1) amended by No. 28 of 2014, s. 17, Applied:17 Dec 2014] This section applies in respect of a forensic procedure the carrying out of which is authorised under this Act because the person who is to undergo, or is undergoing, the procedure and, if that person is between 10 and 14 years of age (both years inclusive), that person's parent have given informed consent to the carrying out of the procedure.

(2)  If, before or during the carrying out of a forensic procedure, a person who has consented to the carrying out of the forensic procedure withdraws that consent either expressly or by behaving in such a way that it can reasonably be inferred that consent is withdrawn –

(a) the forensic procedure is to be treated from the time of the withdrawal of consent as a forensic procedure for which informed consent has been refused; and

(b) the forensic procedure is not to proceed.

(3)  Subsection (2) does not prevent the making of an order in accordance with this Act by a police officer or magistrate authorising the carrying out of a forensic procedure on the refusal of a person or parent to consent to the forensic procedure.