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 1 - Explanation of expressions used  

    SECTION 23WB   Interview friends  

    23WB(1)  
    This section lists the people who may act as an interview friend of a suspect, offender or volunteer for the purposes of a provision of this Part referring to an interview friend. Different people may act as interview friends of a suspect, offender or volunteer for the purposes of different provisions of this Part.

    23WB(2)  
    Where the suspect, offender or volunteer is a child or an incapable person, the following people may act as interview friends :


    (a) a parent, guardian or other person chosen by, or acceptable to, the suspect, offender or volunteer;


    (b) a legal practitioner acting for the suspect;


    (c) if the suspect, offender or volunteer is an Aboriginal person or a Torres Strait Islander and none of the previously mentioned persons is available - a representative of an Aboriginal legal assistance organisation in the State or Territory in which the person is located who is chosen by, or acceptable to, the suspect, offender or volunteer;


    (d) if there is no available person who is covered by paragraph (a), (b) or (c) - an independent person who is not a constable.

    23WB(3)  
    Where the suspect, offender or volunteer is an Aboriginal person or a Torres Strait Islander not covered by subsection (2), the following people may act as interview friends :


    (a) a relative or other person chosen by the suspect, offender or volunteer;


    (b) a legal practitioner acting for the suspect, offender or volunteer;


    (c) if there is no available person who is covered by paragraph (a) or (b) - a representative of an Aboriginal legal assistance organisation in the State or Territory in which the person is located.

    23WB(4)  


    A suspect, offender or volunteer who has a legal representative may also have an interview friend who is not the suspect's, offender's or volunteer's legal representative.



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