sec.457Application of pt 3

### sec.457 Application of pt 3 This part applies if a police officer is satisfied performing a forensic procedure on a person suspected of committing an indictable offence may provide evidence of the commission of the offence. In some circumstances, procedures that are forensic procedures may be performed under part 4 , 5 or 6 . Also, this part applies whether or not the relevant person is dead. A police officer may not apply for a forensic procedure order under this part in relation to a child if— the only purpose of the application is to obtain authority to take a sample for DNA analysis; and it is practicable to make an application under section 488 ( other application ) for an order to take a DNA sample from the child; and it is likely that an order made under that section can be given immediate effect. A police officer may not apply for a forensic procedure order under this part in relation to a child if— the only purpose of the application is to obtain authority to take an identifying particular within the meaning of the Youth Justice Act 1992 , section 25 ; and it is practicable to make an application under section 25 (also other application ) of that Act for an order to take the identifying particular from the child; and it is likely that an order made under that section can be given immediate effect. Without limiting subsection (3) (b) or (4) (b) , it is taken not to be practicable to make the other application if the whereabouts of the child to whom it relates are not sufficiently known to the police officer to allow the officer to give notice of the other application to the child. s 457 (prev s 247) renum 2000 No. 22 s 17 sub 2003 No. 49 s 10 amd 2005 No. 17 s 14 ; 2009 No. 34 s 45 (1) sch pt 1 amdt 27 (sec.457-ssec.1) This part applies if a police officer is satisfied performing a forensic procedure on a person suspected of committing an indictable offence may provide evidence of the commission of the offence. In some circumstances, procedures that are forensic procedures may be performed under part 4 , 5 or 6 . (sec.457-ssec.2) Also, this part applies whether or not the relevant person is dead. (sec.457-ssec.3) A police officer may not apply for a forensic procedure order under this part in relation to a child if— the only purpose of the application is to obtain authority to take a sample for DNA analysis; and it is practicable to make an application under section 488 ( other application ) for an order to take a DNA sample from the child; and it is likely that an order made under that section can be given immediate effect. (sec.457-ssec.4) A police officer may not apply for a forensic procedure order under this part in relation to a child if— the only purpose of the application is to obtain authority to take an identifying particular within the meaning of the Youth Justice Act 1992 , section 25 ; and it is practicable to make an application under section 25 (also other application ) of that Act for an order to take the identifying particular from the child; and it is likely that an order made under that section can be given immediate effect. (sec.457-ssec.5) Without limiting subsection (3) (b) or (4) (b) , it is taken not to be practicable to make the other application if the whereabouts of the child to whom it relates are not sufficiently known to the police officer to allow the officer to give notice of the other application to the child. - (a) the only purpose of the application is to obtain authority to take a sample for DNA analysis; and - (b) it is practicable to make an application under section 488 ( other application ) for an order to take a DNA sample from the child; and - (c) it is likely that an order made under that section can be given immediate effect. - (a) the only purpose of the application is to obtain authority to take an identifying particular within the meaning of the Youth Justice Act 1992 , section 25 ; and - (b) it is practicable to make an application under section 25 (also other application ) of that Act for an order to take the identifying particular from the child; and - (c) it is likely that an order made under that section can be given immediate effect.