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 2 - Authority and time limits for forensic procedures on suspects: summary of rules  

    SECTION 23WC   23WC   How forensic procedures may be authorised in different circumstances  


    The following table shows the circumstances in which a forensic procedure may be carried out on a suspect, and shows the provisions that authorise the carrying out of the procedure.


    Authority for forensic procedures
    Suspect Intimate forensic procedure Non-intimate forensic procedure
    1 adult not in custody with informed consent under Division 3
    by order of a magistrate under Division 5
    with informed consent under Division 3
    by order of a magistrate under Division 5
    2 adult not in custody with informed consent under Division 3
    by order of a magistrate under Division 5
    with informed consent under Division 3
    by order of senior police officer under Division 4
    by order of a magistrate under Division 5
    3 incapable person (whether or not in custody) by order of a magistrate under Division 5 by order of a magistrate under Division 5
    4 child at least 10 but under 18 (whether or not in custody) by order of a magistrate under Division 5 by order of a magistrate under Division 5




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