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 C - Interim orders  

    SECTION 23XB   Application for interim order  

    (1)  
    An authorised applicant may, without bringing a suspect before a magistrate and without obtaining an order under section 23WS , make an application seeking an interim order authorising the carrying out of a forensic procedure on a suspect that must be carried out without delay.

    (2)  
    An application for an interim order must:


    (a) be supported by evidence on oath or by affidavit dealing with the matters referred to in paragraphs 23XA(1)(a) , (b) and (c); and


    (b) specify the type of forensic procedure sought to be carried out.

    (3)  


    An application for an interim order may be made in person or, if that is not practicable, by telephone, radio, telex, fax or other means of transmission.

    (4)  
    The suspect must be in the presence of the authorised applicant when the application is made.

    (5)  
    If the suspect is:


    (a) a child; or


    (b) an incapable person;

    an interview friend or legal representative of the suspect must also be in the presence of the authorised applicant.

    (6)  
    If the applicant believes on reasonable grounds that the suspect is an Aboriginal person or a Torres Strait Islander not covered by subsection (5), an interview friend or legal representative of the suspect must also be in the presence of the authorised applicant.

    (7)  
    Subsection (6) does not apply if the applicant believes on reasonable grounds that, having regard to the suspect's level of education and understanding, the suspect is not at a disadvantage in relation to the application by comparison with members of the Australian community generally.

    (8)  
    If the suspect is not covered by subsection (5) or (6), the suspect's legal representative (if any) must also be in the presence of the authorised applicant.

    (9)  
    In spite of subsection (5) or (6), the suspect's interview friend may be excluded from the presence of the authorised applicant if the interview friend unreasonably interferes with or obstructs the making of the application.




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