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 23XWOB   Securing the presence of offender at hearing - offender not in custody  

    (1)  
    If:


    (a) an application is made under section 23XWO to a judge or magistrate for an order for the carrying out of a forensic procedure on an offender; and


    (b) the offender is neither in custody nor detained under a law of the Commonwealth, a State or a Territory;

    the judge or magistrate may, on the application of a constable:


    (c) issue a summons for the appearance of the offender at the hearing of the application; or


    (d) issue a warrant for the arrest of the offender for the purpose of bringing the offender before the judge or magistrate for the hearing of the application.

    (2)  
    An application for a summons under subsection (1) must be:


    (a) made by information on oath or affirmation; and


    (b) accompanied by an affidavit dealing with matters referred to in paragraphs (3)(a) and (b).

    (3)  
    The judge or magistrate may issue a summons only if satisfied:


    (a) that the issue of the summons is necessary to ensure the appearance of the offender at the hearing of the application made under section 23XWO ; or


    (b) that the issue of the summons is otherwise justified.

    (4)  
    An application for a warrant under subsection (1) must be:


    (a) made by information on oath or affirmation; and


    (b) accompanied by an affidavit dealing with matters referred to in paragraphs (5)(a), (b) and (c).

    (5)  
    The judge or magistrate may issue a warrant only if satisfied:


    (a) that the arrest is necessary to ensure the appearance of the offender at the hearing of the application made under section 23XWO , and that the issue of a summons would not ensure that appearance; or


    (b) that the offender might destroy evidence that might be obtained by carrying out the forensic procedure; or


    (c) that the issue of the warrant is otherwise justified.




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