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 5 - Forensic procedures on suspect by order of a magistrate  

    Subdivision A - General  

    SECTION 23WR   Circumstances in which magistrate may order forensic procedure  

    (1)  
    A magistrate may, under section 23WS or 23XA , order the carrying out of a forensic procedure on a suspect if:


    (a) the suspect is not in custody and has not consented to the forensic procedure (whether or not consent has been sought); or


    (b) the suspect is in custody and has not consented to the forensic procedure (whether or not consent has been sought); or


    (c) under section 23WE , the suspect cannot consent to the forensic procedure; or


    (d) the forensic procedure has been requested by a foreign country or an international tribunal.

    (2)  


    However, a magistrate is not authorised to order the carrying out of a forensic procedure on a suspect if the procedure has been requested by a foreign law enforcement agency.



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