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 6A - Carrying out of certain forensic procedures after conviction of serious and prescribed offenders  

    SECTION 23XWB   Forensic procedures to which Division applies  

    Intimate forensic procedure to which Division applies

    (1)  


    This Division applies to an intimate forensic procedure that is the taking of a sample of blood (other than by a finger prick). Non-intimate forensic procedures to which Division applies

    (2)  
    This Division applies to the following non-intimate forensic procedures:


    (a) the taking of samples of hair other than pubic hair;


    (b) the taking of fingerprints;


    (c) the taking of a sample of blood by a finger prick;


    (d) the taking of a sample of saliva, or a sample by buccal swab.

    Application of Division

    (3)  
    A person is authorised by this section to carry out a forensic procedure under this Division on a serious offender or a prescribed offender whether convicted of the serious or prescribed offence concerned before or after the commencement of this section.




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