Part ID
-
Forensic procedures
History
Part ID (heading) substituted by No 41 of 2003, s 3 and Sch 3 item 40, effective 3 June 2003. For saving provision, see note under s 23C(7). The heading formerly read:
Part 1D
-
Forensic procedures
Simplified outline of operation of Part
This Part provides for forensic procedures to be carried out on:
•
suspects in relation to indictable offences (Divisions
3
,
4
and
5
); and
•
offenders in relation to prescribed and serious offences (Division
6A
); and
•
volunteers (Division
6B
).
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:
•
contains offences in relation to the Commonwealth DNA database system and the National Criminal Investigation DNA Database (
NCIDD
) (Division
8A
); and
•
provides for the whole or a part of the Commonwealth DNA database system to be integrated with the whole or a part of one ore more State/Territory DNA database systems to form part of NCIDD (Division
8A
); and
•
provides for the exchange of information in the Commonwealth DNA database system or a State/Territory DNA database system and the protection of the information that is exchanged (Division
11
); and
•
provides for the destruction of forensic material (Division
8
).
History
Simplified outline amended by No 34 of 2018, s 3 and Sch 1 item 101, by substituting
"
or an international tribunal,
"
for
"
(as contemplated by the Mutual Assistance in Criminal Matters Act 1987)
"
, effective 22 November 2018. For application provision, see note under the definition of
"
authorising provision
"
in s
23WA(1)
.
Simplified outline amended by No 7 of 2012, s 3 and Sch 3 item 70, by inserting the para relating to Div 9A, effective 20 September 2012.
Simplified outline amended by No 130 of 2006, s 3 and Sch 1 item 1, by substituting all the words from and including
"
This Part also
"
, effective 5 November 2006. No 130 of 2006, s 3 and Sch 1 item 52 contains the following transitional provision:
Transitional
52
For the purposes of the application of Part ID of the
Crimes Act 1914
after 5 November 2006, a reference to the Commonwealth DNA database system is taken, in relation to a thing that happened before 5 November 2006, to include a reference to the DNA database system (within the meaning of that Act as in force immediately before 5 November 2006).
The words formerly read:
This Part also provides for:
•
the establishing of a DNA database system (Division
8A
); and
•
offences in relation to the DNA database system (Division
8A
); and
•
the protection of information stored in the DNA database system (Division
11
); and
•
the destruction of forensic material (Division
8A
).
Simplified Outline substituted by No 22 of 2001, s 3 and Sch 1 item 4, effective 6 October 2001. The Simplified Outline formerly read:
Simplified outline of operation of Part
This Part provides for forensic procedures to be carried out on people who are suspects in relation to indictable offences.
In different circumstances, forensic procedures may be carried out on suspects:
•
with the informed consent of the suspect; or
•
by order of a senior constable; or
•
by order of a magistrate.
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
).
If a forensic procedure authorised by this Part is not carried out as required by this Part (in particular Division
6
), evidence obtained through the procedure may be inadmissible in proceedings against the suspect (Division
7
).
Division
11
provides for the taking of blood samples from people convicted of serious offences.
Division 9
-
General provisions relating to operation of this Part
SECTION 23YF
Obligation of investigating constables relating to tape recordings
(1)
If a tape recording is made as required by a provision of this Part, the investigating constable must ensure that:
(a)
if an audio recording only or a video recording only is made
-
the recording, or a copy of it, is made available to the suspect, offender or volunteer; and
(b)
if both an audio recording and a video recording are made:
(i)
the audio recording, or a copy of it, is made available to the suspect, offender or volunteer; and
(ii)
the suspect, offender or volunteer is given an opportunity to view the video recording; and
(c)
in any case, if a transcript of the tape recording is made
-
a copy of the transcript is made available to the suspect, offender or volunteer.
Note 1:
If a forensic procedure is carried out as a result of a request by a foreign country or an international tribunal, a copy of anything made may also be provided to that country or tribunal: see section
23YQB
.
Note 2:
If a forensic procedure is carried out as a result of a request by a foreign law enforcement agency, a copy of anything made may also be provided to the foreign law enforcement agency: see subsections
23YQD(3)
and
(4)
.
History
S 23YF(1) amended by No 34 of 2018, s 3 and Sch 1 item 126, by substituting note 1, effective 22 November 2018. For application provision, see note under the definition of
"
authorising provision
"
in s
23WA(1)
. Note 1 formerly read:
Note 1:
If a forensic procedure is carried out as a result of a request by a foreign country (as contemplated by the
Mutual Assistance in Criminal Matters Act 1987
), a copy of anything made may also be provided to the foreign country: see subsections 23YQB(2) and (3).
S 23YF(1) amended by No 7 of 2012, s 3 and Sch 3 item 101, by inserting note 1 and 2 at the end, effective 20 September 2012.
S 23YF(1) amended by No 22 of 2001, s 3 and Sch 1 item 71, by inserting
"
, offender or volunteer
"
after
"
suspect
"
(wherever occurring), effective 6 October 2001.
(2)
Where an investigating constable is required to ensure that a suspect, offender or volunteer is given an opportunity to view a video recording made under this Part, the investigating constable must ensure that the same opportunity is given to:
(a)
in any case
-
the suspect
'
s, offender
'
s or volunteer
'
s legal representative; and
(b)
if the suspect, offender or volunteer is a child or an incapable person
-
an interview friend of the suspect, offender or volunteer; and
(c)
if the investigating constable believes on reasonable grounds that the suspect, offender or volunteer is an Aboriginal person or a Torres Strait Islander
-
an interview friend of the suspect, offender or volunteer.
History
S 23YF(2) amended by No 22 of 2001, s 3 and Sch 1 items 71 and 72, by inserting
"
, offender or volunteer
"
after
"
suspect
"
(wherever occurring) and
"
, offender
'
s or volunteer
'
s
"
after
"
suspect
'
s
"
in para (a), effective 6 October 2001.
(3)
If section
23YD
requires forensic material taken from a suspect, offender or volunteer by a forensic procedure to be destroyed, the investigating constable must ensure that any video recording of the carrying out of the forensic procedure is also destroyed.
History
S23YF amended by No 22 of 2001, s 3 and Sch 1 item 71, by inserting
"
, offender or volunteer
"
after
"
suspect
"
, effective 6 October 2001.
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