sec.452Special requirement for person with impaired capacity

### sec.452 Special requirement for person with impaired capacity This section applies if a police officer reasonably suspects the relevant person is a person with impaired capacity. The police officer may ask the person to give a forensic procedure consent. However, the police officer must ensure a support person is present when the explanation mentioned in section 454 is given and when any consent is given. Also, to assist the person to consider the explanation and decide whether or not to consent, the police officer must ensure the person is given a reasonable opportunity to speak to the support person in circumstances in which the conversation can not be overheard, if it is reasonably practicable to do so. If the person does not have the capacity to give a forensic procedure consent, the police officer may ask a parent of the person to give the consent for the person. Subsection (7) applies if the parent gives a forensic procedure consent for the person relating to the performance of a non-intimate forensic procedure. Before the procedure is performed a police officer must ask the person whether the person wants a support person to be present while the procedure is being performed and, if the person wants a support person to be present, must ensure a support person is present while the procedure is being performed. s 452 (prev s 242) renum 2000 No. 22 s 17 sub 2003 No. 49 s 10 amd 2024 No. 24 s 57 s ch 1 pt 2 (sec.452-ssec.1) This section applies if a police officer reasonably suspects the relevant person is a person with impaired capacity. (sec.452-ssec.2) The police officer may ask the person to give a forensic procedure consent. (sec.452-ssec.3) However, the police officer must ensure a support person is present when the explanation mentioned in section 454 is given and when any consent is given. (sec.452-ssec.4) Also, to assist the person to consider the explanation and decide whether or not to consent, the police officer must ensure the person is given a reasonable opportunity to speak to the support person in circumstances in which the conversation can not be overheard, if it is reasonably practicable to do so. (sec.452-ssec.5) If the person does not have the capacity to give a forensic procedure consent, the police officer may ask a parent of the person to give the consent for the person. (sec.452-ssec.6) Subsection (7) applies if the parent gives a forensic procedure consent for the person relating to the performance of a non-intimate forensic procedure. (sec.452-ssec.7) Before the procedure is performed a police officer must ask the person whether the person wants a support person to be present while the procedure is being performed and, if the person wants a support person to be present, must ensure a support person is present while the procedure is being performed.