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 C - Further provisions about who may carry out forensic procedures  

    SECTION 23XN   Certain forensic procedures generally to be carried out by person of same sex as suspect  

    (1)  


    If practicable, an intimate forensic procedure (other than the taking of a sample of blood or a dental impression) is to be carried out:


    (a) if the suspect is an adult - by a person of the same sex as the suspect; or


    (b) if the suspect is a child - by a person of the sex chosen by the suspect or, if the suspect does not wish to make such a choice, by a person of the same sex as the suspect.

    (2)  
    If practicable, a non-intimate forensic procedure for which the suspect is required to remove clothing other than his or her overcoat, coat, jacket, gloves, socks, shoes and hat is to be carried out:


    (a) if the suspect is an adult - by a person of the same sex as the suspect; or


    (b) if the suspect is a child - by a person of the sex chosen by the suspect or, if the suspect does not wish to make such a choice, by a person of the same sex as the suspect.

    (3)  
    If practicable, a person asked under section 23XO to help carry out a forensic procedure covered by subsection (1) or (2):


    (a) is to be:


    (i) if the suspect is an adult - a person of the same sex as the suspect; or

    (ii) if the suspect is a child - a person of the sex chosen by the suspect or, if the suspect does not wish to make such a choice, by a person of the same sex as the suspect; and


    (b) is to be a person who is not inappropriate to help carry out the forensic procedure.




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