Crimes Act 1914

Part ID - 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 ).
  • Division 6 - Carrying out forensic procedures on suspects  

    Subdivision A - General provisions  

    SECTION 23XJ   Use of force in carrying out forensic procedures  

    (1)    
    Subject to subsection (2) and section 23XK , a person authorised to carry out a forensic procedure on a person, or a constable, may use reasonable force:


    (a) to enable a forensic procedure to be carried out; or


    (b) to prevent loss, destruction or contamination of any sample.

    (2)    
    All forensic procedures are to be carried out in a manner consistent with appropriate medical or other relevant professional standards.


    This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.