138Power to examine person in custody

#### 138 Power to examine person in custody 138 Power to examine person in custody (cf [Crimes Act 1900](/view/html/inforce/current/act-1900-040), s 353A(2)) > > (1) A medical practitioner acting at the request of a police officer of the rank of sergeant or above, and any person acting in good faith in aid of the medical practitioner and under his or her direction, may examine a person in lawful custody for the purpose of obtaining evidence as to the commission of an offence if— > > > > > (a) the person in custody has been charged with an offence, and > > > > > (b) there are reasonable grounds for believing that an examination of the person may provide evidence as to the commission of the offence. > > > (2) A reference in this section to lawful custody is a reference to lawful custody of the police or other authority. > > > (3) If a person is in lawful custody in a place other than a police station, the powers under subsection (1) of a police officer may be exercised by the person in charge of the place or by another person who is normally supervised by that person. > > > (4) The consent of the person in lawful custody is not required for the doing of anything under subsection (1).