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 23XWI  

    23XWI   Matters to be considered by constable before requesting consent to forensic procedure  


    Before a request is made under section 23XWH , the constable must be satisfied on the balance of probabilities that:


    (a) in the case of a person on whom the procedure is proposed to be carried out who is not serving a sentence of imprisonment in a prison or other place of detention - that the person is an offender; and


    (b) the request for consent to carry out the forensic procedure is justified in all the circumstances.




    This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.