8Circumstances for carrying out forensic procedure

8 Circumstances for carrying out forensic procedure

(1)  Where a suspect is 15 years old or older –

(a) an intimate forensic procedure may be carried out on the suspect in accordance with this Act –

(i) if the suspect has given informed consent to the carrying out of the forensic procedure; or

(ii) on the order of a magistrate; and

(b) a non-intimate forensic procedure may be carried out on the suspect in accordance with this Act –

(i) if the suspect has given informed consent to the carrying out of the forensic procedure; or

(ii) on the order of an Officer of Police.

(2)  Where a charged person is 15 years or older –

(a) an intimate forensic procedure may be carried out on the charged person in accordance with this Act –

(i) if the charged person has given informed consent to the carrying out of the forensic procedure; or

(ii) on the order of a magistrate; and

(b) a non-intimate forensic procedure may be carried out on the charged person in accordance with this Act –

(i) on the order of any police officer if the charged person is in custody; or

(ii) on the order of an Officer of Police if the charged person is not in custody.

(3)  [Section 8 Subsection (3) amended by No. 28 of 2014, s. 6, Applied:17 Dec 2014] Where a suspect or charged person is between 10 and 14 years of age (both years inclusive), a forensic procedure may be carried out on the suspect or charged person in accordance with this Act –

(a) if both the suspect or charged person and his or her parent have given informed consent to the carrying out of the forensic procedure; or

(b) on the order of a magistrate.