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 D - Time limits for forensic procedures ordered by magistrates  

    SECTION 23XGD   Time for carrying out forensic procedure - suspect in custody  

    (1)  
    If the suspect is in custody (whether or not as the result of the issue of a warrant under section 23XGC ), he or she may be detained in custody for such period (the detention period ) as is reasonably necessary to carry out the forensic procedure but in any case for no longer than a period starting when:


    (a) the magistrate orders the carrying out of the procedure; or


    (b) the suspect is arrested pursuant to a warrant under section 23XGC ;

    whichever is later, and ending:


    (c) if the suspect is a child or an incapable person, or the investigating constable believes on reasonable grounds that the suspect is an Aboriginal person or a Torres Strait Islander - 2 hours later; or


    (d) in any other case - 4 hours later.

    (2)  
    In working out any period of time for the purposes of subsection (1), the following times are to be disregarded:


    (a) the time (if any) that is reasonably required to convey the suspect from the place where the suspect is when the detention period starts to the nearest premises where facilities for carrying out the procedure in accordance with this Part are available to the investigating constable;


    (b) any time during which carrying out the procedure is suspended or delayed to allow the suspect, or someone else on the suspect's behalf, to communicate with a legal practitioner, friend, relative, parent, guardian, interpreter, medical practitioner, dentist or other person as provided by this Part;


    (c) any time during which carrying out the procedure is suspended or delayed to allow such a legal practitioner, friend, relative, parent, guardian, interpreter, medical practitioner, dentist or other person to arrive at the place where the procedure is to be carried out;


    (d) any time during which carrying out the procedure is suspended or delayed to allow the suspect to receive medical attention;


    (e) any time during which carrying out the procedure is suspended or delayed because of the suspect's intoxication;


    (f) any reasonable time during which carrying out the procedure is suspended or delayed to allow the suspect to rest or recuperate;


    (g) any time during which the suspect is being questioned under Part IC ;


    (h) any time that is to be disregarded under subsection 23C(7) or 23DB(9) .




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