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In forceAmended2020 Revised Edition
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Part 4 · Information to Police and Powers of Investigation

40I. Reasonable force to carry out FME in certain cases

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Amended

Last amended by an amending law of 2024.

(1)

Where —

(a)

an accused person is required to undergo an FME under this Division which does not involve —

(i)

a physical medical examination of the accused person’s intimate parts;

(ii)

the taking of an invasive sample from the accused person;

(iii)

the taking of a body sample from the accused person’s intimate parts; or

(iv)

the taking of a photograph of the accused person’s intimate parts; and

(b)

the accused person —

(i)

refuses, without reasonable excuse, to undergo such FME; or

(ii)

otherwise hinders or obstructs the carrying out of such FME,an authorised officer may, with such assistance as is required, use such force as is reasonably necessary for the purpose of carrying out such FME.

(2)

In this section, “authorised officer” means —

(a)

any police officer or auxiliary police officer;

(b)

any forensic specialist; or

(c)

any other person authorised by the Commissioner of Police for the purposes of this section.

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Prevention of Offences

Part 6

Arrest and Bail and Processes to Compel Appearance

Part 7

The Charge

Part 7A

Deferred Prosecution Agreements

Part 8

Initiation of Criminal Proceedings and Complaint to Magistrate

Part 9

Pre-Trial Procedures in the State Courts

Part 10

Pre-Trial Procedures in General Division of High Court

Part 10A

Prosecution’S Obligation to Serve Certain Materials on Defence

Part 11

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

Part 12

Procedure at Trial in All Courts

Part 13

General Provisions Relating to Proceedings in Courts

Part 14

Evidence and Witnesses

Part 15

Judgment

Part 16

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Part 17

Community Sentences

Part 18

Compensation and Costs

Part 19

Disposal of Property

Part 20

Appeals, Points Reserved, Revisions and Criminal Motions

Part 21

Special Proceedings

Part 22

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