Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 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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