Western Australian Numbered Acts Western Australian Numbered Acts (1) Only an officer
may apply for an FP warrant (involved person).
(2) An application for
an FP warrant (involved person) must be made in accordance with
section 13 to a magistrate.
(3) An application for
an FP warrant (involved person) must —
(a)
state the applicant’s full name and official details;
(b) name
the involved person in respect of whom the warrant is wanted;
(c) if
the involved person is a protected person, state why the involved person is a
protected person;
(d)
state the offence in respect of which the involved person is suspected to have
been an involved person;
(e)
state the grounds on which the applicant suspects that the person is an
involved person in respect of the offence;
(f)
specify for which of the following the warrant is wanted —
(i)
a non-intimate forensic procedure;
(ii)
an intimate forensic procedure;
(iii)
an internal forensic procedure;
(g) if
the warrant is wanted for an internal forensic procedure, state what kind of
internal forensic procedure is proposed to be done on the involved person;
(h)
state the purpose, permitted by section 77, of the forensic procedure and
describe what thing or evidence will be sought during the procedure;
(i)
state the grounds on which the applicant suspects that
the thing or evidence sought is a relevant thing; and
(j)
include any other information that is prescribed.
(4) If an application
for an FP warrant (involved person) is made in respect of an involved person
in a case where a request has not been made under section 83 or 84,
the application must also state the applicant’s grounds for suspecting
any or all of the following —
(a) that
the investigation of the offence concerned would be prejudiced if a request
were made under section 83 or 84, as the case requires;
(b) that
it is not reasonably practicable to obtain the consent or consents to do the
procedure on the involved person;
(c) in
the case of an involved person who is a protected person, that the responsible
person or any associate of the person is a suspect in relation to an offence
and the procedure will afford evidence of whether or not the responsible
person or the associate committed the offence.
(5) If an application
for an FP warrant (involved person) relates to an involved person who is a
child, the application must also state whether the applicant suspects that the
child —
(a) is
sufficiently mature and capable of understanding the general nature and effect
of, and the reason for and the consequences of, undergoing the procedure; and
(b) is
willing to undergo the procedure,
and the grounds for
suspecting those matters.