43Presence of medical practitioner or dentist of choice

43 Presence of medical practitioner or dentist of choice

(1)  A person undergoing an intimate forensic procedure (other than the taking of a dental impression or an X-ray) is entitled to request a medical practitioner of his or her choice to be present while the procedure is carried out.

(2)  A person undergoing a forensic procedure is entitled to request a dentist of his or her choice to be present while a dental impression is taken.

(3)  If a person undergoing a forensic procedure requests the presence of a medical practitioner or dentist of his choice, the medical practitioner or dentist chosen must be present at the carrying out of the forensic procedure unless he or she is unable, or does not wish, to attend or cannot be contacted within the following time:

(a) if the forensic procedure is carried out under the authority of a forensic procedure order or interim forensic procedure order which specifies a time within which the procedure must be carried out, that time;

(b) in any other case, a reasonable time or, if relevant, the time in which the person responsible for the effective carrying out of the forensic procedure considers the procedure should be carried out if it is to be effective in affording evidence of any relevant offence.