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 F - Procedure after forensic procedure is carried out  

    SECTION 23XUA   Samples - insufficient material to share  

    (1)  
    This section applies to a sample taken from a suspect under this Part if:


    (a) there is not sufficient material to be analysed both in the investigation of the offence and on behalf of the suspect; and


    (b) the material does not need to be analysed immediately after the sample is taken.

    (2)  


    The suspect is entitled to request the investigating constable that a person (the attendee ) of the suspect ' s choice be present while the material is analysed in the investigation of the offence.
    Note:

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

    (2A)  


    The investigating constable must then inform the suspect that the attendee may be directed by the person (the analyst ) responsible for analysing the material to leave the premises at which the analysis is being conducted if the attendee does not comply with instructions given by the analyst in relation to the analysis of the material.

    (3)  


    Subject to this section, the attendee is to be present at the analysis of the material 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 analyst considers the analysis should be carried out if it is to provide valid results.

    (4)  


    The analyst may give instructions to the attendee relating to the analysis of the material.

    (5)  


    The analyst may give a direction to the attendee to leave the premises at which the analysis is being conducted if the attendee fails to comply with such an instruction.

    (6)  


    If the analyst gives such a direction, the analyst must inform the attendee that a failure to comply with the direction is an offence against subsection (7). A failure to comply with this subsection does not affect the validity of the direction.

    (7)  


    The attendee commits an offence if:


    (a) the attendee is given a direction under subsection (5); and


    (b) the attendee fails to comply with the direction.

    Penalty: 30 penalty units.

    (8)  


    An offence against subsection (7) is an offence of strict liability.
    Note:

    For strict liability, see section 6.1 of the Criminal Code .




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