Medical examination

Contributed by AndrewRobson and current to 27 July 2018

During the investigation of a charge, the police may wish to obtain evidence through an examination of the person, the taking of swabs for biological material (including on the private parts and orifices of a person) the taking of an impression of private parts, the taking of a blood sample, and the search of the inside of a person by x-ray or ultrasound.

This may occur with the consent of the person or alternatively can be authorised by the police obtaining a warrant. The Criminal Investigation Act 2006 (WA) sets out who is permitted to undertake different types of examination such as a doctor, nurse, or dentist (ss75-77, s103 - s104 Criminal Investigation Act 2006 (WA)).

An arrested person is entitled to any necessary medical treatment (s 137(3)(a) Criminal Investigation Act 2006.)

Medical treatment is a factor that can be taken into consideration when determining what a reasonable period of detention is (s 141(h) Criminal Investigation Act 2006).