Section 23WF — Crimes Act 1914: Informed consent to forensic procedures—general

(1) This section applies where: (a) a constable intends to ask a suspect to consent to a forensic procedure; and (b) the constable does not believe on reasonable grounds that the suspect is an Aboriginal person or a Torres Strait Islander. (2) A suspect not covered by section 23WE gives informed consent to a forensic procedure if the suspect consents after a constable: (a) asks the suspect to consent to the forensic procedure under section 23WH; and (b) informs the suspect, in accordance with the regulations and section 23WJ, of the matters mentioned in that section; and (d) gives the suspect a reasonable opportunity to communicate, or attempt to communicate, with a legal practitioner of the suspect’s choice and, subject to subsection (3), to do so in private. (3) If the suspect is in custody, the constable need not allow the suspect to communicate, or attempt to communicate, with the legal practitioner in private if the constable suspects on reasonable grounds that the suspect might attempt to destroy or contaminate any evidence that might be obtained by carrying out the forensic procedure.