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CRIMES ACT 1914 SECT 23XWI
23XWI Matters to be considered by constable before
requesting consent to forensic procedure
Before a request is made under section 23XWH,
the constable must be satisfied on the balance of
probabilities that:
- (a)
- in the case of a person on whom the procedure is
proposed to be carried out who is not serving a
sentence of imprisonment in a prison or other place of
detention—that the person is an offender; and
- (b)
- the request for consent to carry out the forensic
procedure is justified in all the circumstances.
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