sec.461Making forensic procedure order

### sec.461 Making forensic procedure order A magistrate may make a forensic procedure order in relation to a person only if satisfied on the balance of probabilities there are reasonable grounds for believing performing the forensic procedure concerned on the person may provide evidence of the commission of an indictable offence the person is suspected of having committed (a suspected offence ) and carrying out the forensic procedure is justified in the circumstances. In deciding whether performing the forensic procedure on the person is justified in the circumstances, the magistrate must balance the rights and liberties of the person and the public interest. In balancing those interests the magistrate may have regard to any of the following matters— the seriousness of the circumstances surrounding the commission of the suspected offence and the gravity of that offence; the degree of the person’s alleged participation in the commission of the suspected offence; the age and physical and mental health of the person, to the extent they are known to the magistrate or can be reasonably discovered by the magistrate (by asking the person or otherwise); if the person is a child or a person with impaired capacity—the welfare of the person; whether there is a less intrusive but reasonably practicable way of obtaining evidence tending to confirm or disprove that the person committed the suspected offence; if the person has been asked for and refused to give a forensic procedure consent in relation to the suspected offence—the reasons for the refusal to the extent they are known to the magistrate or can be reasonably discovered by the magistrate (by asking the person or otherwise); if the person is in custody for the suspected offence— the period for which the person has already been detained; and the reason for any delay in applying for the forensic procedure order; any other matter the magistrate considers relevant to balancing those interests. s 461 (prev s 251) amd 2000 No. 22 s 3 sch renum 2000 No. 22 s 17 sub 2003 No. 49 s 10 (sec.461-ssec.1) A magistrate may make a forensic procedure order in relation to a person only if satisfied on the balance of probabilities there are reasonable grounds for believing performing the forensic procedure concerned on the person may provide evidence of the commission of an indictable offence the person is suspected of having committed (a suspected offence ) and carrying out the forensic procedure is justified in the circumstances. (sec.461-ssec.2) In deciding whether performing the forensic procedure on the person is justified in the circumstances, the magistrate must balance the rights and liberties of the person and the public interest. (sec.461-ssec.3) In balancing those interests the magistrate may have regard to any of the following matters— the seriousness of the circumstances surrounding the commission of the suspected offence and the gravity of that offence; the degree of the person’s alleged participation in the commission of the suspected offence; the age and physical and mental health of the person, to the extent they are known to the magistrate or can be reasonably discovered by the magistrate (by asking the person or otherwise); if the person is a child or a person with impaired capacity—the welfare of the person; whether there is a less intrusive but reasonably practicable way of obtaining evidence tending to confirm or disprove that the person committed the suspected offence; if the person has been asked for and refused to give a forensic procedure consent in relation to the suspected offence—the reasons for the refusal to the extent they are known to the magistrate or can be reasonably discovered by the magistrate (by asking the person or otherwise); if the person is in custody for the suspected offence— the period for which the person has already been detained; and the reason for any delay in applying for the forensic procedure order; any other matter the magistrate considers relevant to balancing those interests. - (a) the seriousness of the circumstances surrounding the commission of the suspected offence and the gravity of that offence; - (b) the degree of the person’s alleged participation in the commission of the suspected offence; - (c) the age and physical and mental health of the person, to the extent they are known to the magistrate or can be reasonably discovered by the magistrate (by asking the person or otherwise); - (d) if the person is a child or a person with impaired capacity—the welfare of the person; - (e) whether there is a less intrusive but reasonably practicable way of obtaining evidence tending to confirm or disprove that the person committed the suspected offence; - (f) if the person has been asked for and refused to give a forensic procedure consent in relation to the suspected offence—the reasons for the refusal to the extent they are known to the magistrate or can be reasonably discovered by the magistrate (by asking the person or otherwise); - (g) if the person is in custody for the suspected offence— (i) the period for which the person has already been detained; and (ii) the reason for any delay in applying for the forensic procedure order; - (i) the period for which the person has already been detained; and - (ii) the reason for any delay in applying for the forensic procedure order; - (h) any other matter the magistrate considers relevant to balancing those interests. - (i) the period for which the person has already been detained; and - (ii) the reason for any delay in applying for the forensic procedure order;