Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 23WO

  (1)   The senior police officer must be satisfied on the balance of probabilities that:

  (a)   the suspect is in the lawful custody of a constable; and

  (b)   there are reasonable grounds to believe that the suspect committed a relevant offence; and

  (c)   there are reasonable grounds to believe that the forensic procedure is likely to produce evidence tending to confirm or disprove that the suspect committed a relevant offence; and

  (d)   the carrying out of the forensic procedure without consent is justified in all the circumstances.

  (2)   In determining whether the carrying out of the forensic procedure without consent is justified in all the circumstances, the senior police officer must balance the public interest in obtaining evidence tending to confirm or disprove that the suspect committed the offence concerned against the public interest in upholding the physical integrity of the suspect.

  (3)   In balancing those interests, the senior police officer must have regard to the following matters:

  (a)   the seriousness of the circumstances surrounding the commission of the relevant offence and the gravity of the relevant offence;

  (b)   the degree of the suspect's alleged participation in the commission of the relevant offence;

  (c)   the age, physical health and mental health of the suspect, to the extent that they are known to the senior police officer or can reasonably be discovered by the senior police officer (by asking the suspect or otherwise);

  (e)   whether there is a less intrusive but reasonably practicable way of obtaining evidence tending to confirm or disprove that the suspect committed the relevant offence;

  (f)   if the suspect gives any reasons for refusing to consent--the reasons;

  (g)   any other matter considered relevant to balancing those interests.

  (4)   Without limiting the matters that the senior police officer may take into account in considering, for the purposes of paragraph   (3)(e), the intrusiveness of the forensic procedure, the senior police officer must (where appropriate) take into account the religious beliefs of the suspect.