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 4 - Non-intimate forensic procedures on suspect by order of senior police officer  

    SECTION 23WM   Non-intimate forensic procedure may be carried out by order of senior police officer  

    (1)  


    A person is authorised to carry out a non-intimate forensic procedure on a suspect by order of a senior police officer under section 23WN . The person is authorised to carry out the procedure in accordance with Division 6 and not otherwise.

    (2)  
    This Division does not authorise the carrying out of a forensic procedure on a suspect who is:


    (a) a child; or


    (b) an incapable person.

    (2A)  


    This Division does not authorise the carrying out of a forensic procedure on a suspect if the procedure has been requested by:


    (a) a foreign country or international tribunal; or


    (b) a foreign law enforcement agency.

    (3)  


    This Division does not authorise keeping a suspect in custody, in order to carry out a forensic procedure, after the expiration of the investigation period provided for by Part IC .
    Note:

    If it is necessary to keep a suspect in custody after the expiration of the Part IC investigation period in order to carry out a forensic procedure, an order of a magistrate under Division 5 will have to be obtained to authorise this.

    (4)  


    Nothing in this Part or Part IC prevents the carrying out of a forensic procedure, in accordance with a constable ' s order under section 23WN , during the investigation period provided for by Part IC. However, neither carrying out the forensic procedure, nor any delays associated with carrying out the forensic procedure, operate to extend the investigation period provided for by Part IC .
    Note:

    By contrast, the carrying out of a forensic procedure in accordance with a magistrate ' s order under Division 5 , and associated delays, may delay the expiration of the investigation period provided for by Part IC .




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