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 23WCA   23WCA   Time limits for carrying out forensic procedures  


    The following table sets out in general terms the time limits that apply to the carrying out of a forensic procedure depending on the status of the suspect and the source of the authority to carry out the procedure.


    Time limits for forensic procedures
    Suspect's status Procedure with suspect's consent (Division 3) Procedure by order of a constable (Division 4) Procedure by order of a magistrate (Division 5)
    1 Child or incapable person not in custody Not applicable Not applicable Procedure must be carried out within 2 hours after suspect presents to investigating constable, disregarding ``dead time'' described in subsection 23XGB(2) (see section 23XGB).
    2 Aboriginal person or Torres Strait Islander (not a child or incapable person) not in custody Procedure must be carried out within 2 hours after suspect presents to investigating constable, disregarding ``dead time'' described in subsection 23WLA(2) (see section 23WLA). Not applicable Procedure must be carried out within 2 hours after suspect presents to investigating constable, disregarding ``dead time'' described in subsection 23XGB(2) (see section 23XGB).
    3 Suspect (not covered by item 1 or 2) not in custody Procedure must be carried out within 4 hours after suspect presents to investigating constable, disregarding ``dead time'' described in subsection 23WLA(2) (see section 23WLA). Not applicable Procedure must be carried out within 4 hours after suspect presents to investigating constable, disregarding ``dead time'' described in subsection 23XGB(2) (see section 23XGB).
    4 Child or incapable person in custody Not applicable Not applicable In addition to the detention period permitted under Part IC, suspect may be detained for up to 2 hours after magistrate's order or suspect's arrest, disregarding ``dead time'' described in subsection 23XGD(2) (see Subdivision D of Division 5).
    5 Aboriginal person or Torres Strait Islander (not a child or incapable person) in custody Suspect may be detained in accordance with Part IC, but the detention period permitted by Part IC is not extended in connection with carrying out the procedure (see subsections 23WD(3) and (4)). Suspect may be detained in accordance with Part IC, but the detention period permitted by Part IC is not extended in connection with carrying out the procedure (see subsections 23WM(3) and (4)). In addition to the detention period permitted under Part IC, suspect may be detained for up to 2 hours after magistrate's order or suspect's arrest, disregarding ``dead time'' described in subsection 23XGD(2) (see Subdivision D of Division 5).
    6 Suspect (not covered by item 4 or 5) in custody Suspect may be detained in accordance with Part IC, but the detention period permitted by Part IC is not extended in connection with carrying out the procedure (see subsections 23WD(3) and (4)). Suspect may be detained in accordance with Part IC, but the detention period permitted by Part IC is not extended in connection with carrying out the procedure (see subsections 23WM(3) and (4)). In addition to the detention period permitted under Part IC, suspect may be detained for up to 4 hours after magistrate's order or suspect's arrest, disregarding ``dead time'' described in subsection 23XGD(2) (see Subdivision D of Division 5).




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