23XP Medical practitioner or dentist of suspect's choice may be present for intimate forensic procedures

(1)

A suspect is entitled to request a medical practitioner or dentist (the expert ) of his or her choice as shown in the table in section 23XM to be present while a forensic procedure (other than a non-intimate forensic procedure) is carried out.

Note: Section 23YE provides that the request may be made by the suspect's legal representative or interview friend.

(2)

The expert chosen is to be present at the forensic procedure unless he or she:

(a)

is unable, or does not wish, to attend; or

(b)

cannot be contacted;

within a reasonable time or, if relevant, within the time in which the person responsible for the effective carrying out of the forensic procedure considers the forensic procedure should be carried out if it is to be effective in affording evidence of the relevant offence.