CRIMES ACT 1914 SECT 23WF

(1)

This section applies where:

(a)

a constable intends to ask a suspect to consent to a forensic procedure; and

(b)

the constable does not believe on reasonable grounds that the suspect is an Aboriginal person or a Torres Strait Islander.

(2)

A suspect not covered by section 23WE gives informed consent to a forensic procedure if the suspect consents after a constable:

(a)

asks the suspect to consent to the forensic procedure under section 23WH; and

(b)

gives the suspect a written statement setting out:

(i)

the information that the suspect must be given under paragraphs 23WJ (1)(a), (e), (f), (g), (h), (i) and (j); and

(ii)

the nature of the information that the suspect must be given under paragraphs 23WJ(1)(b), (c) and (d) (but not the specific information that the suspect is to be given under these paragraphs in relation to the particular forensic procedure); and

(c)

informs the suspect about the forensic procedure in accordance with section 23WJ; and

(d)

gives the suspect a reasonable opportunity to communicate, or attempt to communicate, with a legal practitioner of the suspect's choice and, subject to subsection (3), to do so in private.

(3)

If the suspect is in custody, the constable need not allow the suspect to communicate, or attempt to communicate, with the legal practitioner in private if the constable suspects on reasonable grounds that the suspect might attempt to destroy or contaminate any evidence that might be obtained by carrying out the forensic procedure.