Western Australia: Criminal Investigation (Identifying People) Act 2002 (WA)

Western Australia Criminal Investigation (Identifying People) Act 2002 Western Australia Criminal Investigation (Identifying People) Act 2002 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Term used: reasonably suspects 1 4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies 1 5. Public officers may be authorised to exercise powers 1 6. Officer's duty to identify himself or herself 1 7A. Requesting or informing people under this Act 1 7. Non‑consent to be assumed in some cases 1 8. Procedures for obtaining material from which to obtain specific identifying particulars 1 9. Samples for DNA profile of person to be provided to person on request 1 10. How charge is finalised without finding of guilt 1 Part 2 — General 11. Application of this Act 1 12A. Authority required for some investigations 1 12. Information and forensic material from another State, a Territory or the Commonwealth 1 13. Assistance when exercising powers 1 14. Use of force when exercising powers 1 15. Warrants, applying for 1 Part 3 — Personal details of people 16. Name, address etc., duty to give to police etc. 1 Part 4 — Identifying particulars of volunteers and others Division 1 — Preliminary 17. Terms used 1 18. How identifying procedures are to be done 1 Division 2 — Volunteers 19. Volunteer for an identifying procedure to be informed 1 20. Volunteer may consent to identifying procedure 1 Division 3 — Deceased people 21. Identifying particulars of deceased people, taking of 1 Division 4 — Police officers 22. Identifying particulars of police officers, taking of 1 Part 5 — Identifying particulars of victims and witnesses 23. Terms used 1 24. How identifying procedures to be done 1 25. Request to adult to undergo identifying procedure 1 26. Request for protected person to undergo identifying procedure 1 27. Request and giving of information to be recorded 1 28. When identifying procedure may be done 1 29. Consent may be withdrawn 1 30. Decision may be changed 1 31. IP warrant (involved protected person), officer may apply for 1 32. IP warrant (involved protected person), application for 1 33. IP warrant (involved protected person), issue and effect of 1 Part 6 — Identifying particulars of uncharged suspects 34. Terms used 1 35. Purpose of identifying procedure 1 36. How identifying procedures to be done 1 37. Request to adult to undergo identifying procedure 1 38. Request for protected person to undergo identifying procedure 1 39. Request and giving of information to be recorded 1 40. When identifying procedure may be done 1 41. Consent may be withdrawn 1 42. Approval or IP warrant (suspect), officer may apply for 1 43. Approval to do non‑intimate identifying procedure on adult, application for 1 44. Senior officer may approve non‑intimate identifying procedure to be done on adult 1 45. IP warrant (suspect), application for 1 46. IP warrant (suspect), issue and effect of 1 Part 7 — Identifying particulars of charged suspects 47. Terms used 1 48. How identifying procedures are to be done 1 49. Request for charged suspect to undergo identifying procedure 1 50. Request and giving of information to be recorded 1 51. When identifying procedure may be done 1 Part 8A — Identifying particulars of serious offenders 52A. Terms used 1 52B. How identifying procedures are to be done 1 52C. Identifying particulars may be taken 1 52D. Request and giving of information to be recorded 1 52E. When identifying procedure may be done 1 Part 8 — How identifying procedures are to be done 52. Terms used 1 53. Application of Part 1 54. General requirements 1 55. Sex of people doing procedures 1 56. Who may do identifying procedure 1 57. Personal details may be obtained as well 1 58. How samples and impressions to be taken 1 59. Procedures may be repeated 1 60. People not obliged to do procedures 1 Part 9 — Use and destruction of identifying information 61. Terms used 1 62. Identifying information of volunteers 1 63. Identifying information of deceased people 1 64. Identifying information of police officers 1 65. Identifying information of involved people 1 66. Identifying information of uncharged suspects 1 67. Identifying information of charged suspects 1 68A. Identifying information of serious offenders 1 68. Results of matched information to be made available to suspects 1 69. Request for destruction of identifying information 1 70. Destroying identifying information 1 71. Responsibility for destroying identifying information 1 72. Supreme Court may order information not to be destroyed 1 73. Disclosure of identifying information 1 74. Use of illegal identifying information 1 75. Improper use of information obtained in accordance with Act 1 Part 10 — DNA databases 76. Terms used 1 77. DNA profiles lawfully obtained before commencement of Part 1 79. Database managers, duties of 1 80. Operators of DNA databases to be authorised 1 Part 11 — Admissibility of evidence 81. Evidence of refusal of consent etc. 1 82. Evidence of conduct of procedure 1 83. Evidence obtained illegally 1 84. Evidence kept illegally 1 85. Evidence from illegal use of information 1 86. Court may admit inadmissible evidence 1 Part 12 — Enforcement elsewhere in Australia 87. Terms used 1 88. Corresponding laws etc., prescribing 1 89. Forensic orders, registration of 1 90. Forensic orders registered in WA may be executed in WA 1 91. Arrangements for sharing information 1 Part 13 — Miscellaneous 92. Protection from personal liability 1 93. Regulations 1 94. Criminal Investigation (Identifying People) Amendment Act 2011, transitional provision for 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Criminal Investigation (Identifying People) Act 2002 An Act to enable personal details and identifying particulars of people to be obtained by police and other officers for forensic purposes, and for related purposes. Part 1 — Preliminary 1. Short title This Act may be cited as the Criminal Investigation (Identifying People) Act 2002. 2. Commencement (1) This Act comes into operation on a day fixed by proclamation. (2) Different days may be fixed under subsection (1) for different provisions. 3. Terms used (1) In this Act, unless the contrary intention appears — adult means a person who has reached 18 years of age and in respect of whom there are no reasonable grounds to suspect that he or she is an incapable person; child means a person who is under 18 years of age and in respect of whom there are no reasonable grounds to suspect that he or she is an incapable person; corresponding law has the meaning given by section 87; DNA database has the meaning given by section 76; forensic database has the meaning given by section 61; forensic purpose means — (a) investigating an offence or a suspected offence or offences generally; or (b) investigating the death of a person or identifying a deceased person; or (c) investigating the whereabouts of or identifying a missing person; identifying feature, in relation to a person, means a permanent or semi‑permanent physical feature of the person that helps to identify the person; Example for this definition: The face, iris or retina of a person or a birthmark, scar or tattoo on a person. identifying information has the meaning given by section 61; identifying particular has the meaning given by section 11(1), 17, 23, 34, 47, 52A or 61, as the case requires; identifying procedure means a procedure in the course of which — (a) one or more identifying particulars of a person are obtained from the person; and (b) if practicable, the person's personal details are obtained; impression includes a cast; incapable person means a person of any age — (a) who is unable by reason of a mental disability (which term includes intellectual disability, a psychiatric condition, an acquired brain injury and dementia) to understand the general nature and effect of, and the reason for and the consequences of undergoing, an identifying procedure; or (b) who is unconscious or otherwise unable to understand a request made or information given under this Act or to communicate whether or not he or she consents to an identifying procedure being done on him or her; intimate identifying procedure, in relation to a person, means — (a) an identifying procedure that is done on the person's private parts; or (b) the taking of a dental impression of the person; or (c) the taking of a sample of the person's blood; or (d) the taking of a sample of any bodily material of the person, other than the person's blood, by means of a procedure that is prescribed by the regulations to be an intimate identifying procedure; IP warrant (involved protected person) means a warrant issued under section 33; IP warrant (suspect) means a warrant issued under section 46; JP means Justice of the Peace; non‑intimate identifying procedure, in relation to a person, means an identifying procedure that is done on the person that is not an intimate identifying procedure, and includes the taking of a buccal swab from the person; offence means an offence under a written law but does not include a contempt of court; officer means a police officer or a public officer or both, as the case requires; official details means — (a) in respect of a police officer — the officer's surname and rank and includes, in relation to an application by the officer under this Act for a warrant, the officer's registered number; (b) in respect of a public officer — the officer's full name and official title; participating jurisdiction has the meaning given by section 87; personal details, in relation to a person, has the meaning given by section 16(1); photograph includes a video recording and a digital image; private parts, in relation to a person, means the person's genital area, anal area and buttocks and, in the case of — (a) a female; or (b) a male undergoing a reassignment procedure within the meaning of the Gender Reassignment Act 2000, includes the person's breasts; protected person means a person who is a child or an incapable person; Public Advocate has the meaning given by the Guardianship and Administration Act 1990; public officer means a person, other than a police officer, appointed under a written law to an office that is prescribed under section 5(1); reasonably suspects has the meaning given by section 4; remote communication means any way of communicating at a distance including by telephone, fax, email and radio; responsible person, in relation to a child, means — (a) a parent of the child; or (b) a guardian of the child; or (c) another person who has responsibility for the day‑to‑day care of the child; or (d) if no person mentioned in another paragraph of this definition is available — a person, or a person in a class of persons, prescribed by the regulations; responsible person, in relation to an incapable person, means — (a) the spouse or de facto partner of the incapable person; or (b) a parent of the incapable person; or (c) if the incapable person is under 18 years of age — a guardian of the incapable person; or (d) if the incapable person has reached 18 years of age — the Public Advocate or a guardian of the incapable person appointed under the Guardianship and Administration Act 1990; or (e) another person who has responsibility for the day‑to‑day care of the incapable person; or (f) if no person mentioned in another paragraph of this definition is available — a person, or a person in a class of persons, prescribed by the regulations; senior officer means — (a) a police officer who is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant; (b) a public officer who is prescribed by the regulations to be a senior officer for the purpose of this Act; serious offence means an offence the statutory penalty for which is or includes life imprisonment or imprisonment for 12 months or more; statutory penalty, in relation to an offence, means the penalty specified by a written law for the offence; volunteer has the meaning given by section 17; WA Police means the Police Force of Western Australia provided for by the Police Act 1892. (2) For the purposes of this Act a person is charged with an offence when — (a) the officer investigating the offence informs the person that he or she will be charged with the offence, whether or not at that time the officer has commenced a prosecution of the offence; or (b) a prosecution of the offence is commenced against the person, whichever happens first. (3) Examples prefaced by "For example:" in this Act do not form part of it and are provided to assist understanding. [Section 3 amended: No. 28 of 2003 s. 38; No. 84 of 2004 s. 80; No. 29 of 2008 s. 28; No. 42 of 2009 s. 16(2); No. 22 of 2013 s. 4; No. 17 of 2014 s. 6.] [Section 3. Modifications to be applied in order to give effect to Cross‑border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.] 4. Term used: reasonably suspects For the purposes of this Act, a person reasonably suspects something at a relevant time if he or she personally has grounds at the time for suspecting the thing and those grounds (even if they are subsequently found to be false or non‑existent), when judged objectively, are reasonable. [Section 4 amended: No. 59 of 2006 s. 36.] 4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act. [Section 4A inserted: No. 34 of 2020 s. 58.] 5. Public officers may be authorised to exercise powers (1) For the purposes of this Act and in particular the definition of public officer in section 3, another Act or the regulations made under this Act may — (a) prescribe an office to which people are appointed under a written law for a public purpose and a function of which is the investigation of offences; and (b) in respect of that office, specify those of the powers in this Act that a holder of that office may exercise, being powers that this Act provides may be exercised by a public officer. (2) A public officer may only exercise a power under this Act in relation to an offence if — (a) the office held by the public officer has been prescribed under subsection (1)(a); and (b) the power is one that has been specified under subsection (1)(b) as one that the officer may exercise; and (c) the offence is one that the officer, by virtue of being such an officer, is authorised to investigate or prosecute. 6. Officer's duty to identify himself or herself (1) If under this Act an officer is required to identify himself or herself to a person the officer must — (a) if the officer is a police officer — (i) give the person the officer's official details; and (ii) if the officer is not in uniform, show the person evidence that the officer is a police officer; (b) if the officer is a public officer — (i) give the person the officer's official details; and (ii) show the person evidence that the officer is a public officer. (2) If an officer cannot comply with subsection (1)(a)(ii) or (1)(b)(ii) immediately, the officer must comply with it as soon as practicable. 7A. Requesting or informing people under this Act Unless expressly provided otherwise, if this Act permits a person to make a request to another person or requires a person to inform another person, the request or information may be given to the other person orally or in writing. [Section 7A inserted: No. 22 of 2013 s. 5.] 7. Non‑consent to be assumed in some cases A person who, having been requested under this Act to undergo an identifying procedure — (a) does not reply; or (ba) does not comply with any reasonable request made to him or her in order to enable the procedure to be done; or (b) having consented to it resists the carrying out of it, is taken not to have consented to undergoing it. [Section 7 amended: No. 22 of 2013 s. 6.] 8. Procedures for obtaining material from which to obtain specific identifying particulars (1) Material from which to obtain the DNA profile of a person may be obtained by doing one or, subject to section 59, more than one of the following procedures in the following order — (a) by doing one or both of these non‑intimate identifying procedures — (i) taking a buccal swab from the person; (ii) taking a sample of the person's hair (including the roots), other than pubic hair; (b) by doing one or both of these intimate identifying procedures — (i) taking a sample of the person's blood; (ii) taking a sample of the person's pubic hair (including the roots). (2) Without limiting subsection (1) material from which to obtain the DNA profile of a deceased person may be obtained by taking any body tissue (including bone or teeth) from the person. (3) A person must not use a procedure in subsection (1) to obtain material from a person unless it is impracticable to use a procedure listed before that procedure. (4) The regulations, in relation to any specific identifying particular of a person prescribed under section 17, 23, 34, 47 or 52A — (a) may specify one or more identifying procedures that may be done on the person to obtain bodily material for the purpose of obtaining that identifying particular of the person; and (b) in relation to an identifying procedure so specified, may provide that the procedure must not be used to obtain bodily material from the person unless it is impracticable to use another specified procedure. [Section 8 amended: No. 22 of 2013 s. 7.] 9. Samples for DNA profile of person to be provided to person on request (1) In this section — sample means a sample of bodily material taken from a person under this Act for the purpose of obtaining — (a) the DNA profile of the person; or (b) any identifying particular prescribed for the purposes of this definition. (2) This section applies to a sample if — (a) there is enough of the sample to be analysed for the purposes of this Act and also by or on behalf of the person from whom the sample was taken; and (b) the person requests a part of the sample. (3) The officer responsible for a sample being taken must ensure that — (a) a part of the sample that is enough for analysis is made available, without charge, to the person from whom it was taken; and (b) reasonable care is taken to ensure that the person's part of the sample is protected and preserved until the person is given it; and (c) reasonable assistance is given to the person to ensure that the sample is protected and preserved until it is analysed. (4) A person from whom a sample is taken must be informed that, subject to the matter referred to in subsection (2)(a), a part of the sample will be made available to him or her if requested. [Section 9 amended: No. 22 of 2013 s. 8.] 10. How charge is finalised without finding of guilt For the purposes of this Act, a charge is finalised without a finding of guilt if — (a) the charge is withdrawn; or (b) the charge is dismissed without a finding as to whether the person charged is guilty or not guilty; or (c) the person charged is found not guilty of the charge and is not found guilty of any other offence of which the person could have been found guilty as a result of the charge and — (i) no appeal is commenced against the finding; or (ii) an appeal is commenced against the finding and the appeal is withdrawn or the finding is confirmed. Part 2 — General 11. Application of this Act (1) In this section — identifying particular, in relation to a person, means — (a) a print of the person's hands (including fingers), feet (including toes) or ears; (b) a photograph of the person (including of an identifying feature of the person); (c) an impression of an identifying feature of the person (including a dental impression); (d) a sample of the person's hair taken for purposes other than obtaining the person's DNA profile; (e) the person's DNA profile; (f) an identifying particular of the person that is prescribed under section 17, 23, 34, 47 or 52A; law enforcement officer means a police officer or a person appointed under a written law for a public purpose. (2) This Act does not apply — (a) to a person who, not being a law enforcement officer acting in the course of duty, obtains an identifying particular from, or a personal detail of, another person; or (b) to an identifying particular, or a personal detail, obtained by such a person. (3) This Act does not apply to or in respect of an identifying particular, or a personal detail, obtained in accordance with another written law. [Section 11 amended: No. 22 of 2013 s. 9.] 12A. Authority required for some investigations This Act is subject to the Criminal Appeals Act 2004 section 46C. [Section 12A inserted: No. 9 of 2012 s. 9.] 12. Information and forensic material from another State, a Territory or the Commonwealth Subject to section 91(2), forensic material, or information obtained from it, that is taken in accordance with the law of another State, a Territory or the Commonwealth may be retained or used in this State for investigative, statistical or evidentiary purposes even if its retention or use would, but for this section, constitute a breach of, or failure to comply with, any provision of this Act relating to the carrying out of identifying procedures. 13. Assistance when exercising powers (1) A person who may exercise a power in this Act may authorise as many other persons to assist in exercising the power as are reasonably necessary in the circumstances. (2) A person so authorised may exercise the power or assist the other person in exercising the power, as the case requires. (3) Whether authorised to do so or not, a person may assist another person in exercising a power in this Act if the person believes, on reasonable grounds, that the other person — (a) is lawfully entitled to exercise the power; and (b) needs assistance for the purpose of doing so. (4) A person who under subsection (2) or (3) may exercise a power, or assist in exercising a power, must obey any lawful and reasonable directions of the person who gave the authorisation or who is being assisted. 14. Use of force when exercising powers When exercising a power in this Act, a person may use any force that is reasonably necessary in the circumstances — (a) to exercise the power; and (b) to overcome any resistance to exercising the power that is offered, or that the person exercising the power reasonably suspects will be offered, by any person. 15. Warrants, applying for (1) In this section — judicial officer means a JP or a magistrate, as the case requires. (2) A reference in this section to making an application includes a reference to giving information in support of the application. (3) This section applies to and in respect of an application to a judicial officer for a warrant if another section of this Act requires the application to be made under this section. (4) The application must be made in person before the judicial officer unless — (a) the warrant is needed urgently; and (b) the applicant reasonably suspects that a judicial officer is not available within a reasonable distance of the applicant, in which case — (c) it may be made to a judicial officer by remote communication; and (d) the judicial officer must not grant it unless satisfied about the matters in paragraphs (a) and (b). (5) The application must be made in writing unless — (a) the application is made by remote communication; and (b) it is not practicable to send the judicial officer written material, in which case — (c) it may be made orally; and (d) the judicial officer must make a written record of the application and any information given in support of it. (6) The application must be made on oath unless — (a) the application is made by remote communication; and (b) it is not practicable for the judicial officer to administer an oath to the applicant, in which case — (c) it may be made in an unsworn form; and (d) if the judicial officer issues a warrant, the applicant must as soon as practicable send the judicial officer an affidavit verifying the application and any information given in support of it. (7) If on an application made by remote communication a judicial officer issues a warrant, the judicial officer must, if practicable, send a copy of the original warrant to the applicant by remote communication, but otherwise — (a) the judicial officer must give the applicant by remote communication any information that must be set out in the warrant; and (b) the applicant must complete a form of a warrant with the information received and give the judicial officer a copy of the form as soon as practicable after doing so; and (c) the judicial officer must attach the copy of the form to the original warrant and any affidavit received from the applicant and make them available for collection by the applicant. (8) The copy of the original warrant sent, or the form of the warrant completed, as the case may be, under subsection (7) has the same force and effect as the original warrant. [Section 15 inserted: No. 59 of 2006 s. 37.] Part 3 — Personal details of people 16. Name, address etc., duty to give to police etc. (1) In this section — face covering means an item of clothing, hat, helmet, mask or sunglasses, or any other thing worn by a person, that totally or partially covers the person's face; personal details, in relation to a person, means — (a) the person's full name; (b) the person's date of birth; (c) the address of where the person is living; (d) the address of where the person usually lives. (2) If an officer reasonably suspects that a person whose personal details are unknown to the officer — (a) has committed or is committing or is about to commit an offence; or (b) may be able to assist in the investigation of an offence or a suspected offence, the officer may request the person to give the officer any or all of the person's personal details. (3) If an officer reasonably suspects that a personal detail given by a person in response to a request is false, the officer may request the person to produce evidence of the correctness of the detail. (4A) If — (a) an officer makes a request to a person under subsection (2); or (b) a police officer requests or requires a person to give the police officer, under another written law and for a forensic purpose, any or all of the person's personal details, the officer may request the person — (c) to remove or adjust any face covering worn by the person; or (d) to do any other thing reasonably necessary, to enable the officer to see the person's face or verify the correctness of any personal detail, or any evidence of any personal detail, given by the person. (4B) It is sufficient compliance with a request made under subsection (4A)(c) if only so much of the person's face covering that totally or partially covers the person's face is removed or adjusted. (4C) If an officer makes a request to a person under this section, the officer may detain the person for a reasonable period for the purpose of the person's compliance with the request or to verify the correctness of any personal detail, or any evidence of any personal detail, given by the person. (4) A person to whom a request is made under subsection (2), (3) or (4A) may request the officer making the request to identify himself or herself. (5) An officer who is requested by a person to identify himself or herself must do so. (6) A person who, without reasonable excuse, does not comply with a request made under subsection (2), (3) or (4A) commits an offence. Penalty: Imprisonment for 12 months. (7) For the purposes of subsection (6), the fact that an officer did not comply with subsection (5) as soon as practicable is a reasonable excuse. (8) A person who, in response to a request made under subsection (2), gives any false personal details commits an offence. Penalty: Imprisonment for 12 months. (9) A person who, in response to a request made under subsection (3), produces any false evidence commits an offence. Penalty: Imprisonment for 12 months. [Section 16 amended: No. 22 of 2013 s. 10.] Part 4 — Identifying particulars of volunteers and others Division 1 — Preliminary 17. Terms used In this Part — identifying particular, in relation to a person, means — (a) a print of the person's hands (including fingers), feet (including toes) or ears; (b) a photograph of the person (including of an identifying feature of the person); (c) an impression of an identifying feature of the person (including a dental impression); (d) a sample of the person's hair taken for purposes other than obtaining the person's DNA profile; (e) the person's DNA profile; (f) an identifying particular of the person that is prescribed for the purposes of this definition; volunteer means a person who is — (a) an adult to whom section 19(1)(a) applies; or (b) an incapable person to whom section 19(1)(b) applies; or (c) a child to whom section 19(1)(c) applies. [Section 17 amended: No. 22 of 2013 s. 11.] 18. How identifying procedures are to be done An identifying procedure that under Division 2 or 4 may be done on a person must be done in accordance with Part 8. Division 2 — Volunteers 19. Volunteer for an identifying procedure to be informed (1) If — (a) in the case of a person who is an adult, the person volunteers to a police officer to undergo an identifying procedure for or in connection with a forensic purpose; or (b) in the case of a protected person who is an incapable person, a responsible person wants the incapable person to undergo an identifying procedure for or in connection with a forensic purpose and informs a police officer accordingly; or (c) in the case of a protected person who is a child — (i) the child is willing to undergo an identifying procedure for or in connection with a forensic purpose; and (ii) a responsible person wants the child to undergo the procedure and informs a police officer accordingly, the officer must inform the volunteer and, if the case requires, the responsible person, in accordance with subsection (2). (2) The volunteer and, if the case requires, the responsible person, must be informed of these matters — (a) which identifying particulars of the volunteer are sought to be obtained by means of the identifying procedure; and (b) how the procedure will be carried out; and (c) that subject to his or her decision, the volunteer's identifying information may be compared with or put in a forensic database; and (d) that the procedure may provide evidence that could be used in court against the volunteer; and (e) that he or she may decide whether — (i) to limit the forensic purposes for which the volunteer's identifying information may be used; or (ii) to allow the identifying information to be used for unlimited forensic purposes; and (f) that he or she may decide whether the identifying information can be kept by the WA Police — (i) for a limited period; or (ii) indefinitely; and (g) that, if the procedure is done, he or she may subsequently change the decision on the matters in paragraphs (e) and (f) by notifying the Commissioner of Police; and (h) that the volunteer is not obliged to undergo the procedure; and (i) that he or she may get legal advice before deciding whether or not to consent to the procedure; and (j) that, if deciding to consent to the procedure, he or she may withdraw consent at any time before the procedure has been completed; and (k) any matter prescribed by the regulations. [Section 19 amended: No. 22 of 2013 s. 12.] 20. Volunteer may consent to identifying procedure (1) If section 19(2) has been complied with — (a) a volunteer who is an adult — (i) may consent to the identifying procedure that he or she was informed about; and (ii) if he or she consents, must decide the matters in section 19(2)(e) and (f); (b) a responsible person — (i) may consent to a protected person undergoing the identifying procedure that the responsible person was informed about; and (ii) if he or she consents, must decide the matters in section 19(2)(e) and (f). (2) The consent and decisions of a person must be recorded in writing on a form approved by the Commissioner of Police and signed by the person in the presence of a police officer. (3) A copy of the person's signed form must be given to the person. (4) When the consent of a person has been given and recorded in accordance with this section, the identifying procedure may be done on the volunteer unless, before it has been completed — (a) if the volunteer is an adult, the volunteer withdraws his or her consent; or (b) if the volunteer is a protected person — (i) the volunteer objects to or resists the carrying out of the procedure; or (ii) the responsible person withdraws his or her consent to the volunteer undergoing the procedure. (5) If an identifying procedure has been done under this Division on an adult, the adult may subsequently change his or her decision on the matters in section 19(2)(e) and (f) by notifying the Commissioner of Police. (6) If an identifying procedure has been done under this Division on a protected person — (a) a responsible person; or (b) if the protected person was a child at the time the identifying procedure was done who has since then reached 18 years of age, that person, may subsequently change the decision on the matters in section 19(2)(e) and (f) by notifying the Commissioner of Police. Division 3 — Deceased people 21. Identifying particulars of deceased people, taking of (1) The State Coroner may authorise the taking of identifying particulars from deceased people, whether or not their deaths are reportable deaths within the meaning of the Coroners Act 1996, for or in connection with forensic purposes. (2) An authorisation given under subsection (1) may apply — (a) generally to all deceased people or identifying particulars; or (b) to a specific class of deceased people or identifying particulars; or (c) conditionally or unconditionally. (3) A coroner, on his or her own initiative or on the application of a person with a proper interest, may — (a) authorise a person to obtain an identifying particular from a deceased person for or in connection with a forensic purpose; and (b) make any orders necessary to enable the identifying particular to be obtained, including orders relating to the temporary custody of the body of the deceased person. (4) An authorisation given under this section must be in writing. (5) If an authorisation is given under this section the person giving it must give directions for the purpose of section 63. Division 4 — Police officers 22. Identifying particulars of police officers, taking of (1) The Commissioner of Police may require a person who at the time is appointed under Part I, III, IIIA or IIIB of the Police Act 1892 to undergo an identifying procedure for or in connection with the forensic purposes prescribed by the regulations for the purposes of this subsection. (2) The powers in this section may be exercised as often as the Commissioner of Police thinks is necessary. [Section 22 amended: No. 42 of 2009 s. 16(3).] Part 5 — Identifying particulars of victims and witnesses 23. Terms used In this Part — identifying particular, in relation to a person, means — (a) a print of the person's hands (including fingers), feet (including toes) or ears; (b) a photograph of the person (including of an identifying feature of the person); (c) an impression of an identifying feature of the person (but not including a dental impression); (d) a sample of the person's hair taken for purposes other than obtaining the person's DNA profile; (e) the person's DNA profile; (f) an identifying particular of the person that is prescribed for the purposes of this definition; involved person means a person who is not a suspect for an offence but who is reasonably suspected to have been the victim of or to have witnessed the commission of the offence. [Section 23 amended: No. 22 of 2013 s. 13.] 24. How identifying procedures to be done An identifying procedure that under this Part may be done on an involved person must be done in accordance with Part 8. 25. Request to adult to undergo identifying procedure (1) In this section — involved person means an involved person who is an adult. (2) If an officer reasonably suspects — (a) that an offence has been committed; and (b) that an identifying particular of an involved person, obtainable by means of a non‑intimate identifying procedure, will afford evidence of the commission of the offence or of who committed the offence, the officer may request the person to consent to undergoing the non‑intimate identifying procedure to obtain the identifying particular. (3) An officer who requests an involved person to consent to an identifying procedure must at the time inform the person of these matters — (a) the offence that is suspected of having been committed and to which the procedure relates; and (b) the purpose of the procedure; and (c) how the procedure will be done; and (d) that, subject to the person's decision, information derived from the procedure may be compared with or put in a forensic database; and (e) the circumstances in which destruction may be requested under section 69; and (f) that if the person should become a suspect for the offence, evidence provided by the procedure could be used in a court against the person; and (g) that the person may decide whether — (i) to limit the forensic purposes for which information derived from the procedure may be used; or (ii) to allow the information to be used for unlimited forensic purposes; and (h) that, if the procedure is done, the person may subsequently change the decision on the matters in paragraph (g) by notifying the Commissioner of Police; and (i) that the person may consent or refuse to consent to the procedure; and (j) that, if the person consents to the procedure, he or she may withdraw consent at any time before the procedure has been completed. 26. Request for protected person to undergo identifying procedure (1) In this section — involved person means an involved person who is a protected person. (2) If an officer reasonably suspects — (a) that an offence has been committed; and (b) that an identifying particular of an involved person, obtainable by means of a non‑intimate identifying procedure, will afford evidence of the commission of the offence or of who committed the offence, the officer may request a responsible person to consent to the non‑intimate identifying procedure being done on the involved person to obtain the identifying particular. (3) An officer who requests a responsible person to consent to a procedure being done on an involved person must at the time inform the responsible person of these matters — (a) the offence that is suspected of having been committed and to which the procedure relates; and (b) the purpose of the procedure; and (c) how the procedure will be done; and (d) that, subject to the responsible person's decision, information derived from the procedure may be compared with or put in a forensic database; and (e) the circumstances in which destruction may be requested under section 69; and (f) that if the involved person should become a suspect for the offence, evidence provided by the procedure could be used in a court against the involved person; and (g) that the responsible person may decide whether — (i) to limit the forensic purposes for which information derived from the procedure may be used; or (ii) to allow the information to be used for unlimited forensic purposes; and (h) that, if the procedure is done, the responsible person may subsequently change the decision on the matters in paragraph (g) by notifying the Commissioner of Police; and (i) that the responsible person may consent or refuse to consent to the procedure being done on the involved person; and (j) that, if the responsible person consents to the procedure, he or she may withdraw consent at any time before the procedure has been completed; and (k) that if the responsible person does not consent or withdraws consent — (i) an application may be made for authority to do the procedure against the responsible person's will; and (ii) if authority is given the procedure may be done against the responsible person's will. 27. Request and giving of information to be recorded (1) An officer who makes a request under section 25 or 26 must ensure that a record is made of the request, of the information given under the section and of the involved person's or responsible person's responses (if any). (2) The record must be an audiovisual record or in writing. 28. When identifying procedure may be done (1) If — (a) under section 25 a request is made to an involved person or under section 26 to a responsible person; and (b) the person is informed in accordance with section 25 or 26, as the case requires; and (c) as the case requires, either — (i) the involved person who is an adult consents to the procedure and decides the matters in section 25(3)(g); or (ii) the responsible person consents to the procedure being done on the involved person who is a protected person and decides the matters in section 26(3)(g), then the non‑intimate identifying procedure may be done on the involved person. (2) If an involved person who is an adult, having been — (a) requested under section 25 to consent to an identifying procedure; and (b) informed under that section, does not consent or withdraws consent to the procedure being done, the procedure cannot be done or continue to be done on the involved person. (3) If a responsible person, having been — (a) requested under section 26 to consent to an identifying procedure being done on an involved person who is a protected person; and (b) informed under that section, does not consent or withdraws consent to the procedure being done, the procedure may only be done on the involved person if a magistrate issues an IP warrant (involved protected person) that authorises it. 29. Consent may be withdrawn (1) This section applies to and in respect of an involved person if an identifying procedure may be done on the involved person under section 28(1). (2) An adult involved person who has consented to undergoing the identifying procedure may withdraw his or her consent at any time before the procedure has been completed. (3) A responsible person who has consented to an identifying procedure being done on an involved person who is a protected person may withdraw his or her consent at any time before the procedure on the involved person has been completed. (4) If consent is withdrawn under this section, section 28(2) or (3) applies, as the case requires. 30. Decision may be changed (1) If an identifying procedure has been done under section 28(1) on an involved person who is an adult, the involved person may subsequently change his or her decision on the matters in section 25(3)(g) by notifying the Commissioner of Police. (2) If an identifying procedure has been done under section 28(1) on an involved person who is a protected person — (a) a responsible person; or (b) if the protected person was a child at the time the identifying procedure was done who has since then reached 18 years of age, that person, may subsequently change the decision on the matters in section 26(3)(g) by notifying the Commissioner of Police. 31. IP warrant (involved protected person), officer may apply for An officer may apply for an IP warrant (involved protected person) to do an identifying procedure on an involved person who is a protected person — (a) if the officer reasonably suspects that, if a request were made under section 26, the investigation of the offence concerned would be prejudiced; or (b) if under section 28 an IP warrant (involved protected person) is needed in order to do it. 32. IP warrant (involved protected person), application for (1) Only an officer may apply for an IP warrant (involved protected person). (2) An application for an IP warrant (involved protected person) must be made to a magistrate in accordance with section 15. (3) An application for an IP warrant (involved protected person) must — (a) name the person in respect of whom the warrant is wanted; and (b) state the offence in respect of which the involved person is suspected to have been an involved person; and (c) state the grounds on which the applicant suspects that the person is an involved person in respect of the offence; and (d) specify the identifying particular that is sought and the non‑intimate identifying procedure by means of which it is to be obtained; and (e) state the grounds on which the applicant suspects that the identifying particular will afford evidence of whether or not another person committed the offence; and (f) if the application is made under section 31(a) — state the grounds on which the applicant suspects that the investigation of the offence concerned would be prejudiced if a request were made under section 26; and (g) comply with the relevant provisions of subsection (4). (4) An application for an IP warrant (involved protected person) must also state the applicant's grounds for suspecting — (a) if the application is made under section 31(b) — either that it is not reasonably practicable to obtain a responsible person's consent to the involved person undergoing the procedure or — (i) that a responsible person has refused to or will not consent, or has withdrawn consent, to the involved person undergoing the procedure; and (ii) that the responsible person is a suspect in relation to a serious offence; and (iii) that the procedure will afford evidence of whether or not the responsible person committed the offence; and (b) in the case of a child, that the child — (i) is willing to undergo the non‑intimate identifying procedure; and (ii) is sufficiently mature and capable of understanding the general nature and effect of, and the reason for and the consequences of, undergoing the procedure. 33. IP warrant (involved protected person), issue and effect of (1) On an application made under section 32 a magistrate may issue an IP warrant (involved protected person) if the magistrate is satisfied — (a) that, in respect of the matters in section 32(3) and (4) on which the applicant is required to have a suspicion, there are reasonable grounds for the applicant to have that suspicion; and (b) that the interests of justice justify obtaining the identifying particular specified in the application. (2) In determining whether to make and, if so, the terms of an IP warrant (involved protected person), the magistrate is to take into account — (a) the seriousness of the offence in respect of which the involved person is suspected to have been a victim or witness; and (b) in the case of a child — the maturity of the child and his or her capacity to make decisions and whether he or she is willing to undergo the procedure, to the extent that those matters can be determined by the magistrate; and (c) the best interests of the protected person. (3) For the purposes of this section, a magistrate may inform himself or herself in any way he or she thinks fit. (4) In the case of an application for an IP warrant (involved protected person) in respect of an incapable person, the magistrate may, on his or her own initiative — (a) give a copy of the application to the Public Advocate; or (b) seek information or submissions from the Public Advocate; or (c) if the warrant is issued, give a copy of it to the Public Advocate, and may use remote communication to do so. (5) An IP warrant (involved protected person) must contain this information — (a) the official details of the applicant; and (b) the name of the involved person to whom it relates; and (c) the offence to which it relates; and (d) the identifying particular to be obtained and the non‑intimate identifying procedure by means of which it is to be obtained; and (e) either — (i) the limited forensic purposes for or in connection with which the involved person's identifying information may be used; or (ii) a statement that the information may be used for or in connection with unlimited forensic purposes; and (f) whether that identifying information may be put in a forensic database; and (g) the period, not exceeding 14 days, during which it may be executed; and (h) the name of the magistrate who issued it; and (i) the date and time when it was issued. (6) An IP warrant (involved protected person) must be in the prescribed form. (7) An IP warrant (involved protected person) authorises — (a) an officer authorised by subsection (8) — (i) to arrest the involved person to whom it relates; and (ii) to detain him or her for a reasonable period in order to do the procedure specified in it; and (b) if applicable, the doing of the procedure on the involved person against the responsible person's will. (8) The powers in subsection (7)(a) may be exercised by — (a) if a police officer applied for the warrant, any police officer; or (b) if a public officer applied for the warrant, any public officer who has the same functions as the applicant, or any police officer. Part 6 — Identifying particulars of uncharged suspects 34. Terms used In this Part — identifying particular, in relation to a person, means — (a) a print of the person's hands (including fingers), feet (including toes) or ears; (b) a photograph of the person (including of an identifying feature of the person); (ca) a measurement of any identifying feature of the person; (c) an impression of an identifying feature of the person (including a dental impression); (d) a sample of the person's hair taken for purposes other than obtaining the person's DNA profile; (e) the person's DNA profile; (f) an identifying particular of the person that is prescribed for the purposes of this definition; suspect means a person who is reasonably suspected of having committed a serious offence but who has not been charged with the offence, and, for the purposes of this definition, it does not matter whether or not the person is in lawful custody. [Section 34 amended: No. 22 of 2013 s. 14.] 35. Purpose of identifying procedure This Part does not authorise an identifying procedure to be done on a suspect except for the purpose of obtaining an identifying particular of the suspect that is reasonably suspected will afford evidence of whether or not the suspect committed a serious offence that he or she is reasonably suspected of having committed. 36. How identifying procedures to be done An identifying procedure that under this Part may be done on a suspect must be done in accordance with Part 8. 37. Request to adult to undergo identifying procedure (1) In this section — suspect means a suspect who is an adult. (2) If an officer reasonably suspects — (a) that a serious offence has been committed; and (b) that an identifying particular of a suspect for the offence will afford evidence of whether or not the suspect committed the offence, the officer may request the suspect to consent to an identifying procedure being done on the suspect to obtain the identifying particular. (3) An officer who requests a suspect to consent to an identifying procedure being done on the suspect must at the time inform the suspect of these matters — (a) the serious offence that the suspect is suspected of having committed and to which the procedure relates; and (b) the purpose of the procedure; and (c) how the procedure will be done; and (d) that information derived from the procedure may be compared with or put in a forensic database; and (e) the circumstances in which destruction may be requested under section 69; and (f) that the procedure may provide evidence that could be used in a court against the suspect; and (g) that the suspect may consent or refuse to consent to the procedure; and (h) that, if the suspect consents to the procedure, he or she may withdraw consent at any time before the procedure has been completed; and (i) that if the suspect does not consent or withdraws consent — (i) an application may be made for authority to do the procedure against the suspect's will; and (ii) if authority is given the procedure may be done against the suspect's will. 38. Request for protected person to undergo identifying procedure (1) In this section — suspect means a suspect who is a protected person. (2) If an officer reasonably suspects — (a) that a serious offence has been committed; and (b) that an identifying particular of a suspect for the offence will afford evidence of whether or not the suspect committed the offence, the officer may request a responsible person to consent to an identifying procedure being done on the suspect to obtain the identifying particular. (3) An officer who requests a responsible person to consent to an identifying procedure being done on a suspect must at the time inform the responsible person of these matters — (a) the offence that the suspect is suspected of having committed and to which the procedure relates; and (b) the purpose of the procedure; and (c) how the procedure will be done; and (d) that information derived from the procedure may be compared with or put in a forensic database; and (e) the circumstances in which destruction may be requested under section 69; and (f) that the procedure may provide evidence that could be used in a court against the suspect; and (g) that the responsible person may consent or refuse to consent to the procedure being done on the suspect; and (h) that, if the responsible person consents to the procedure, he or she may withdraw consent at any time before the procedure has been completed; and (i) that if the responsible person does not consent or withdraws consent — (i) an application may be made for authority to do the procedure against the responsible person's will; and (ii) if authority is given the procedure may be done against the responsible person's will. (4) If the suspect is a child, the making of a request, and the giving of information, under this section must be done in the presence of the suspect. [Section 38 amended: No. 22 of 2013 s. 15.] 39. Request and giving of information to be recorded (1) An officer who makes a request under section 37 or 38 must ensure that a record is made of the request, of the information given under the section and of the suspect's or responsible person's responses (if any). (2) The record must be an audiovisual record or in writing. 40. When identifying procedure may be done (1) If — (a) under section 37 a request is made to a suspect or under section 38 to a responsible person; and (b) the suspect or responsible person is informed in accordance with section 37 or 38, as the case requires; and (c) as the case requires, either — (i) the suspect, if an adult, consents to the identifying procedure; or (ii) the responsible person consents to the identifying procedure being done on the suspect who is a protected person, then the identifying procedure may be done on the suspect. (2) If a suspect who is an adult, having been — (a) requested under section 37 to consent to an identifying procedure; and (b) informed under that section, does not consent or withdraws consent to the procedure, the procedure may only be done on the suspect if — (c) in the case of a non‑intimate identifying procedure — a senior officer approves it under section 44; or (d) in the case of an intimate identifying procedure — a JP issues an IP warrant (suspect) that authorises it. (3) If a responsible person, having been — (a) requested under section 38 to consent to an identifying procedure being done on a suspect who is a protected person; and (b) informed under that section, does not consent or withdraws consent to the procedure, the procedure may only be done on the suspect if a magistrate issues an IP warrant (suspect) that authorises it. (4) If a suspect is a protected person and, after making reasonable enquiries to find a responsible person, an officer reasonably suspects that — (a) there is no responsible person; or (b) a responsible person cannot be found within a reasonable time; or (c) it is impracticable to request the consent of a responsible person, an identifying procedure may only be done on the suspect if a magistrate issues an IP warrant (suspect) that authorises it. [Section 40 amended: No. 22 of 2013 s. 16.] 41. Consent may be withdrawn (1) This section applies to and in respect of a suspect if an identifying procedure may be done on the suspect under section 40(1). (2) An adult suspect who has consented to undergoing the identifying procedure may withdraw his or her consent at any time before the procedure has been completed. (3) A responsible person who has consented to an identifying procedure being done on a suspect who is a protected person may withdraw his or her consent at any time before the procedure on the suspect has been completed. (4) If consent is withdrawn under this section, section 40(2) or (3) applies, as the case requires. 42. Approval or IP warrant (suspect), officer may apply for (1) An officer may apply for the approval of a senior officer to do a non‑intimate identifying procedure on a suspect who is an adult if under section 40(2) the approval of a senior officer is needed in order to do it. (2) An officer may apply for an IP warrant (suspect) to do an identifying procedure on a suspect — (a) if the officer reasonably suspects that, if a request were made under section 37 or 38, the investigation of the offence concerned would be prejudiced; or (b) if under section 40(2), (3) or (4) an IP warrant (suspect) is needed in order to do it. [Section 42 amended: No. 22 of 2013 s. 17.] 43. Approval to do non‑intimate identifying procedure on adult, application for (1) In this section — suspect means a suspect who is an adult. (2) An application for an approval under this section to do a non‑intimate identifying procedure on a suspect must be made to another officer who is a senior officer and not involved in the investigation of the offence to which the proposed non‑intimate identifying procedure relates. (3) The application may be made by remote communication. (4) The application must — (a) if practicable be in writing; (b) name the suspect to whom it relates; (c) state the offence that the suspect is suspected of having committed; (d) specify the identifying particular that is sought and the non‑intimate identifying procedure by means of which it is to be obtained; (e) state the grounds on which the applicant suspects — (i) that the suspect has committed the offence; and (ii) that the identifying particular sought will afford evidence of whether or not the suspect committed the offence. 44. Senior officer may approve non‑intimate identifying procedure to be done on adult (1) On an application made under section 43 a senior officer may approve a non‑intimate identifying procedure being done on a suspect against the suspect's will. (2) A senior officer must not give approval unless he or she is satisfied — (a) that the suspect is an adult; and (b) that the suspect has been informed in accordance with section 37; and (c) that, in respect of the matters in section 43(4) about which the applicant is required to have a suspicion, there are reasonable grounds for the applicant to have that suspicion; and (d) that the interests of justice justify obtaining the identifying particular specified in the application. (3) As soon as practicable after giving approval a senior officer must make a record of — (a) the date and time when it was given; and (b) the reasons for giving it. (4) An approval may be given by remote communication. (5) An approval given under this section authorises — (a) an officer — (i) to arrest the suspect to whom it relates; and (ii) to detain him or her for a reasonable period in order to do the non‑intimate identifying procedure approved; and (b) the doing of the non‑intimate identifying procedure on the suspect against his or her will. 45. IP warrant (suspect), application for (1) Only an officer may apply for an IP warrant (suspect). (2) An application for an IP warrant (suspect) must be made in accordance with section 15 — (a) to a JP if the application is in respect of an adult; or (b) to a magistrate if the application is in respect of a protected person. (3) An application for an IP warrant (suspect) must — (a) name the suspect in respect of whom the warrant is wanted; (b) state the offence that the suspect is suspected of having committed; (c) specify the identifying particular that is sought and the identifying procedure by means of which it is to be obtained; (d) state the grounds on which the applicant suspects — (i) that the suspect has committed the offence; and (ii) that the identifying particular sought will afford evidence of whether or not the suspect committed the offence. 46. IP warrant (suspect), issue and effect of (1) On an application made under section 45 a JP or magistrate, as the case requires, may issue an IP warrant (suspect) if he or she is satisfied — (a) that, in respect of the matters in section 45(3) on which the applicant is required to have a suspicion, there are reasonable grounds for the applicant to have that suspicion; and (b) that the interests of justice justify obtaining the identifying particular specified in the application. (2) In the case of an application for an IP warrant (suspect) in respect of an incapable person, the magistrate may, on his or her own initiative — (a) give a copy of the application to the Public Advocate; or (b) seek information or submissions from the Public Advocate; or (c) if the warrant is issued, give a copy of it to the Public Advocate, and may use remote communication to do so. (3) An IP warrant (suspect) must contain this information — (a) the official details of the applicant; and (b) the name of the suspect to whom it relates; and (c) the offence to which it relates; and (d) the identifying particular to be obtained and the identifying procedure by means of which it is to be obtained; and (e) the period, not exceeding 14 days, during which it may be executed; and (f) the name of the JP or magistrate who issued it; and (g) the date and time when it was issued. (4) An IP warrant (suspect) must be in the prescribed form. (5) An IP warrant (suspect) authorises — (a) an officer authorised by subsection (6) — (i) to arrest the suspect to whom it relates; and (ii) to detain him or her for a reasonable period in order to do the identifying procedure specified in it; and (b) the doing of the identifying procedure on the suspect against his or her will or against the responsible person's will, as the case requires. (6) The powers in subsection (5)(a) may be exercised by — (a) if a police officer applied for the warrant, any police officer; or (b) if a public officer applied for the warrant, any public officer who has the same functions as the applicant, or any police officer. Part 7 — Identifying particulars of charged suspects 47. Terms used In this Part — charged suspect means a person who has been charged with, but not dealt with by a court for, an offence and, for the purposes of this definition, it does not matter whether or not the person is in lawful custody for the offence; identifying particular, in relation to a charged suspect charged with a serious offence, means — (a) a print of the suspect's hands (including fingers), feet (including toes) or ears; (b) a photograph of the suspect (including of an identifying feature of the suspect); (c) a measurement of any identifying feature of the suspect; (da) an impression of an identifying feature of the suspect (including a dental impression); (db) a sample of the suspect's hair taken for purposes other than obtaining the suspect's DNA profile; (d) the suspect's DNA profile; (e) an identifying particular of the suspect that is prescribed for the purposes of this definition; identifying particular, in relation to a charged suspect charged with an offence other than a serious offence, means — (a) a print of the suspect's hands (including fingers), feet (including toes) or ears; (b) a photograph of the suspect (including of an identifying feature of the suspect); (c) a measurement of any identifying feature of the suspect; (d) an identifying particular of the suspect that is prescribed for the purposes of this definition, which cannot include an identifying particular listed in paragraph (da), (db) or (d) of the definition of identifying particular, in relation to a charged suspect charged with a serious offence. [Section 47 amended: No. 59 of 2006 s. 38; No. 22 of 2013 s. 18.] 48. How identifying procedures are to be done An identifying procedure that under this Part may be done on a suspect must be done in accordance with Part 8. 49. Request for charged suspect to undergo identifying procedure (1) If it is practicable to do so, an officer may request a charged suspect to consent to an identifying procedure being done on the suspect for