CRIMES ACT 1914
Simplified outline of operation of Part
This Part provides for forensic procedures to be carried out on:
If the carrying out of a forensic procedure is authorised under this Part, it must be carried out in accordance with rules and procedures set out in Division 6 .
If a forensic procedure covered by this Part is carried out without proper authority under this Part, evidence obtained through the procedure may be inadmissible in proceedings against the suspect (Division 7 ).
However, certain rules are modified or do not apply if the forensic procedure is carried out in response to a request by a foreign country or an international tribunal, or a request by a foreign law enforcement agency (Division 9A ).
This Part also:
A request or objection that may be made by a suspect or offender under this Part may be made on the suspect's or offender's behalf by:
(a) in any case - the suspect's or offender's legal representative; or
(b) if the suspect or offender is a child or an incapable person - an interview friend of the suspect or offender; or
(c) if the investigating constable believes on reasonable grounds that the suspect or offender is an Aboriginal person or a Torres Strait Islander - an interview friend of the suspect or offender.
(a) a provision of this Part requires a suspect or offender to be informed of a matter; and
(b) an interview friend or legal representative of the suspect is present when the suspect is to be so informed; and
(c) the suspect or offender is so informed in a language (including in sign language or braille) in which the suspect's or offender's interview friend or legal representative is not able to communicate with reasonable fluency;
the interview friend or legal representative must also be informed of the matter in a language in which the interview friend or legal representative is able to communicate with reasonable fluency.
[ † CCH Note: Act No 22 of 2001, s 3 and Sch 1 item 68, provides for the insertion of ``or offender'' after ``suspect'' in s 23YE(2)(b). Since ``suspect'' appears twice in para (b), the consolidation was not able to be effected.]