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 6 - Carrying out forensic procedures on suspects  

    Subdivision B - Persons involved in forensic procedures  

    SECTION 23XM   Persons who may carry out forensic procedures  

    (1)  


    The table following subsection (4) shows, for each forensic procedure, the persons who may carry out the procedure under this Part. A person not specified in the second column of the table is not authorised to carry out a forensic procedure under this Part except as mentioned in section 23XO .

    (2)  


    The third column of the table following subsection (4) shows, for each forensic procedure, whether the suspect is entitled to request that a medical practitioner or dentist of the suspect's choice is present while the forensic procedure is carried out.
    Note:

    Section 23XP makes detailed provision for the presence of a medical practitioner or dentist of the suspect's choice while a forensic procedure is carried out.

    (3)  


    A person is authorised to carry out a particular forensic procedure if he or she is an appropriately qualified person in relation to the procedure even if the person also satisfies another description specified in the following table that is not specified in relation to the particular forensic procedure.
    Example:

    A constable who is an appropriately qualified person to take samples of blood may take such samples even though the table does not expressly list constables as persons who may take samples of blood.

    (4)  


    This section does not prevent a suspect from taking a sample of saliva, or a sample by buccal swab, from himself or herself under the supervision of an appropriately qualified person.


    Who may carry out forensic procedures
    Forensic procedure Persons who may carry out forensic procedure Is suspect entitled to request presence of medical practitioner or dentist of suspect's choice?
    1 external examination of the genital or anal area, the buttocks or, in the case of a female, the breasts medical practitioner
    nurse
    appropriately qualified person
    yes (medical practitioner)
    2 the taking of a sample of blood (other than by a finger prick) medical practitioner
    nurse
    appropriately qualified person
    yes (medical practitioner)
    3 (Repealed by No 24 of 2012)
    4 the taking of a sample of pubic hair medical practitioner
    nurse
    appropriately qualified person
    yes (medical practitioner)
    5 the taking of a sample by swab or washing from the external genital or anal area, the buttocks or, in the case of a female, the breasts medical practitioner
    nurse
    appropriately qualified person
    yes (medical practitioner)
    6 the taking of a sample by vacuum suction, scraping or lifting by tape from the external genital or anal area, the buttocks or, in the case of a female, the breasts medical practitioner
    nurse
    appropriately qualified person
    yes (medical practitioner)
    7 the taking of a dental impression medical practitioner
    dentist
    dental technician
    yes (dentist or medical practitioner)
    8 the taking of a photograph or a video recording of, or an impression or cast of a wound from, the genital or anal area, the buttocks or, in the case of a female, the breasts appropriately qualified person yes (medical practitioner)
    9 external examination of a part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts, that requires touching of the body or removal of clothing medical practitioner
    nurse
    appropriately qualified person
    no
    9A the taking of a sample of blood by a finger prick medical practitioner
    nurse
    constable
    appropriately qualified person
    no
    9B the taking of a sample of saliva, or a sample by buccal swab medical practitioner
    dentist
    dental technician
    nurse
    constable
    appropriately qualified person
    no
    10 the taking of a sample of hair other than pubic hair medical practitioner
    nurse
    constable
    appropriately qualified person
    no
    11 the taking of a sample from a nail or from under a nail medical practitioner
    nurse
    constable
    appropriately qualified person
    no
    12 the taking of a sample by swab or washing from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts medical practitioner
    nurse
    appropriately qualified person
    no
    13 the taking of a sample by vacuum suction, scraping or lifting by tape from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts medical practitioner
    nurse
    appropriately qualified person
    no
    14 the taking of a hand print, finger print, foot print or toe print appropriately qualified person no
    15 the taking of a photograph or a video recording of, or an impression or cast of a wound from, an external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts appropriately qualified person no

    Note:

    Appropriately qualified (as used in the expression ``appropriately qualified person'') is defined in section 23WA .




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