sec.454General requirements for giving informed forensic procedure consent

### sec.454 General requirements for giving informed forensic procedure consent To enable a person to give an informed forensic procedure consent, a police officer must explain all the following to the person— why it is proposed to perform the forensic procedure on the person; whether it is proposed to perform an intimate forensic procedure or a non-intimate forensic procedure or both; the general nature of the forensic procedure; the class of qualified person who may perform the forensic procedure; that the person may refuse to give the consent; that if the person gives the consent, the person may withdraw the consent before the forensic procedure is performed or while it is being performed; if a sample may be taken for DNA analysis and sections 451 (3) and 479 do not apply— that the person may limit the purpose for which the results of the DNA analysis may be used to the purpose stated by the police officer under paragraph (a) ; and that unless the person limits the purposes of the consent in that way, the results of the DNA analysis of the sample may be included in QDNA and used in a way permitted under this chapter; if a sample may be taken for DNA analysis and sections 451 (3) and 479 do apply— that the sample taken for DNA analysis must be a DNA sample and not a sample of blood; and that a DNA analysis of the sample may be used only for the purpose stated by the police officer under paragraph (a) ; that the forensic procedure may provide evidence that may be used in a court proceeding. The police officer may give the explanation by giving the person a statement, in the approved form, containing the explanation if it is appropriate in the circumstances to do so. s 454 (prev s 244) renum 2000 No. 22 s 17 sub 2003 No. 49 s 10 (sec.454-ssec.1) To enable a person to give an informed forensic procedure consent, a police officer must explain all the following to the person— why it is proposed to perform the forensic procedure on the person; whether it is proposed to perform an intimate forensic procedure or a non-intimate forensic procedure or both; the general nature of the forensic procedure; the class of qualified person who may perform the forensic procedure; that the person may refuse to give the consent; that if the person gives the consent, the person may withdraw the consent before the forensic procedure is performed or while it is being performed; if a sample may be taken for DNA analysis and sections 451 (3) and 479 do not apply— that the person may limit the purpose for which the results of the DNA analysis may be used to the purpose stated by the police officer under paragraph (a) ; and that unless the person limits the purposes of the consent in that way, the results of the DNA analysis of the sample may be included in QDNA and used in a way permitted under this chapter; if a sample may be taken for DNA analysis and sections 451 (3) and 479 do apply— that the sample taken for DNA analysis must be a DNA sample and not a sample of blood; and that a DNA analysis of the sample may be used only for the purpose stated by the police officer under paragraph (a) ; that the forensic procedure may provide evidence that may be used in a court proceeding. (sec.454-ssec.2) The police officer may give the explanation by giving the person a statement, in the approved form, containing the explanation if it is appropriate in the circumstances to do so. - (a) why it is proposed to perform the forensic procedure on the person; - (b) whether it is proposed to perform an intimate forensic procedure or a non-intimate forensic procedure or both; - (c) the general nature of the forensic procedure; - (d) the class of qualified person who may perform the forensic procedure; - (e) that the person may refuse to give the consent; - (f) that if the person gives the consent, the person may withdraw the consent before the forensic procedure is performed or while it is being performed; - (g) if a sample may be taken for DNA analysis and sections 451 (3) and 479 do not apply— (i) that the person may limit the purpose for which the results of the DNA analysis may be used to the purpose stated by the police officer under paragraph (a) ; and (ii) that unless the person limits the purposes of the consent in that way, the results of the DNA analysis of the sample may be included in QDNA and used in a way permitted under this chapter; - (i) that the person may limit the purpose for which the results of the DNA analysis may be used to the purpose stated by the police officer under paragraph (a) ; and - (ii) that unless the person limits the purposes of the consent in that way, the results of the DNA analysis of the sample may be included in QDNA and used in a way permitted under this chapter; - (h) if a sample may be taken for DNA analysis and sections 451 (3) and 479 do apply— (i) that the sample taken for DNA analysis must be a DNA sample and not a sample of blood; and (ii) that a DNA analysis of the sample may be used only for the purpose stated by the police officer under paragraph (a) ; - (i) that the sample taken for DNA analysis must be a DNA sample and not a sample of blood; and - (ii) that a DNA analysis of the sample may be used only for the purpose stated by the police officer under paragraph (a) ; - (i) that the forensic procedure may provide evidence that may be used in a court proceeding. - (i) that the person may limit the purpose for which the results of the DNA analysis may be used to the purpose stated by the police officer under paragraph (a) ; and - (ii) that unless the person limits the purposes of the consent in that way, the results of the DNA analysis of the sample may be included in QDNA and used in a way permitted under this chapter; - (i) that the sample taken for DNA analysis must be a DNA sample and not a sample of blood; and - (ii) that a DNA analysis of the sample may be used only for the purpose stated by the police officer under paragraph (a) ;