Commonwealth Consolidated Acts

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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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