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 D - Presence of other people while forensic procedure is carried out  

    SECTION 23XP   Medical practitioner or dentist of suspect's choice may be present for intimate forensic procedures  

    (1)  


    A suspect is entitled to request a medical practitioner or dentist (the expert ) of his or her choice as shown in the table in section 23XM to be present while a forensic procedure (other than a non-intimate forensic procedure) is carried out.
    Note:

    Section 23YE provides that the request may be made by the suspect's legal representative or interview friend.

    (2)  
    The expert chosen is to be present at the forensic procedure unless he or she:


    (a) is unable, or does not wish, to attend; or


    (b) cannot be contacted;

    within a reasonable time or, if relevant, within the time in which the person responsible for the effective carrying out of the forensic procedure considers the forensic procedure should be carried out if it is to be effective in affording evidence of the relevant offence.




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