In forceAmended2020 Revised Edition

Contents

Criminal Procedure Code 2010 · 2020 Revised Edition · Part 4 · Information to Police and Powers of Investigation

40G. Who may carry out FME and how it is to be carried out

Amended

Last amended by an amending law of 2024.

(1)

For the purposes of this Division, a police officer or a forensic specialist may carry out an FME on an individual, except that the following FME may only be carried out by a medical practitioner or a nurse:

(a)

an FME involving a physical medical examination of the individual;

(b)

an FME involving the taking of an invasive sample from the individual, other than the taking of a blood sample by way of pricking the individual’s finger.

(2)

Before taking a body sample from an individual, the person taking the body sample, and any other person giving instruction in relation to or overseeing the taking of the body sample, must satisfy himself or herself that it does not endanger the individual.

(3)

If an FME carried out by a police officer or a forensic specialist involves an intimate part of an individual —

(a)

the FME must be carried out with such reasonable privacy measures in place as are necessary to prevent the FME from being seen by any person other than —

(i)

any person carrying out the FME;

(ii)

any person giving instruction in relation to or overseeing the FME; and

(iii)

where the individual is an accused person, any officer escorting the individual; and

(b)

the FME may only be carried out by a woman if the individual is a woman.

Terms defined in this Act

accused person
Defined · s 40E
“accused person” means any person who has been concerned in an offence or is reasonably suspected of having been involved in one, or against whom a reasonable complaint has been made or credible information has been received of the person having been so concerned or involved;
Open s 40E
body sample
Defined · s 40E
“body sample” includes any of the following:(a)a sample of blood;(b)a sample of head hair, including the roots of the head hair;(c)a sample of a fingernail or toenail or any substance from under a fingernail or toenail;(d)a sample of urine;(e)a sample of saliva;(f)a sample taken from any body part of an individual by way of a swab or other sampling means;
Open s 40E
FME
Defined · s 40E
“forensic medical examination” or “FME”, in relation to any individual, means any one or more of the following:(a)a physical medical examination of the individual;(b)the taking of a body sample from the individual;(c)the taking of a photograph of any body part of the individual;(d)the taking of an impression or cast of a wound from any external body part of the individual;
Open s 40E
forensic specialist
Defined · s 40E
“forensic specialist” means a person appointed under section 65A of the Police Force Act 2004, or any other person who is authorised in writing by the Commissioner of Police for the purposes of this Division;
Open s 40E
intimate part
Defined · s 40E
“intimate part” means —(a)an individual’s genital or anal region; or(b)the breasts of a woman;
Open s 40E
invasive sample
Defined · s 40E
“invasive sample” means any body sample that is obtained by means of any invasive procedure and includes a sample of blood;
Open s 40E
medical practitioner
Defined · s 40E
“medical practitioner” means a medical practitioner registered or exempted from registration under the Medical Registration Act 1997;
Open s 40E
nurse
Defined · s 40E
“nurse” means a registered nurse or enrolled nurse within the meaning of the Nurses and Midwives Act 1999;
Open s 40E
place
Defined · s 2
“place” includes —(a)any building or structure, whether permanent or temporary;(b)any land, whether or not built on;(c)any place, whether or not enclosed, and whether or not situated underground or underwater;(d)any vessel, aircraft, train, or vehicle (whether mechanically‑propelled or otherwise) or any other means of transport; and(e)any part of any place referred to in paragraphs (a) to (d);
Open s 2
police officer
Defined · s 2
“police officer” has the meaning given by the Police Force Act 2004;
Open s 2

Report

Read on from s 40H

Part 5

Prevention of Offences

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Part 6

Arrest and Bail and Processes to Compel Appearance

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Part 7

The Charge

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Part 7A

Deferred Prosecution Agreements

Read on from Part 7A

Part 8

Initiation of Criminal Proceedings and Complaint to Magistrate

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Part 9

Pre-Trial Procedures in the State Courts

Read on from Part 9

Part 10

Pre-Trial Procedures in General Division of High Court

Read on from Part 10

Part 10A

Prosecution’S Obligation to Serve Certain Materials on Defence

Read on from Part 10A

Part 11

General Provisions Relating to Pre-Trial and Plead Guilty Procedures in All Courts

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Part 12

Procedure at Trial in All Courts

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Part 13

General Provisions Relating to Proceedings in Courts

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Part 14

Evidence and Witnesses

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Part 15

Judgment

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Part 16

Sentences

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Part 17

Community Sentences

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Part 18

Compensation and Costs

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Part 19

Disposal of Property

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Part 20

Appeals, Points Reserved, Revisions and Criminal Motions

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Part 21

Special Proceedings

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Part 22

Miscellaneous

Read on from Part 22

Schedules

Read on from Schedules