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Crimes Act 1914

Part ID - Forensic procedures  

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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 ).

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    Division 5 - Forensic procedures on suspect by order of a magistrate  

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    Subdivision B - Final orders  

    SECTION 23WV   Securing the presence of suspect at hearing - suspect in custody  

    (1)    
    If the suspect is in the custody of another constable or is otherwise detained under a law of the Commonwealth, a State or a Territory ( original custody ), the magistrate may, on the application of a constable, issue a warrant directing the person holding the suspect in original custody to deliver the suspect into the custody of the constable ( temporary custody ) for the hearing of an application for an order under this Division.

    (2)    
    The constable given temporary custody must return the suspect to the place of original custody:


    (a) if the application for the order is refused - without delay; or


    (b) if the order is made - without delay at the end of the period for which the suspect may be detained in custody under section 23XGD .


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