New South Wales Consolidated Acts

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LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 138

Power to examine person in custody

138 Power to examine person in custody

(cf Crimes Act 1900 , s 353A(2))

(1) A medical practitioner acting at the request of a police officer of the rank of sergeant or above, and any person acting in good faith in aid of the medical practitioner and under his or her direction, may examine a person in lawful custody for the purpose of obtaining evidence as to the commission of an offence if--
(a) the person in custody has been charged with an offence, and
(b) there are reasonable grounds for believing that an examination of the person may provide evidence as to the commission of the offence.
(2) A reference in this section to lawful custody is a reference to lawful custody of the police or other authority.
(3) If a person is in lawful custody in a place other than a police station, the powers under subsection (1) of a police officer may be exercised by the person in charge of the place or by another person who is normally supervised by that person.
(4) The consent of the person in lawful custody is not required for the doing of anything under subsection (1).



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