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 7 - Admissibility of evidence  

    Subdivision B - Other evidence  

    SECTION 23YB   Obstructing the carrying out of forensic procedure  

    (1)  
    This section applies where a constable or magistrate has ordered the carrying out of a forensic procedure on a suspect under this Part.

    (2)  
    Subject to subsections (3) and (4), evidence that the suspect:


    (a) refused to comply with any reasonable direction in connection with the carrying out of the forensic procedure; or


    (b) obstructed, resisted, hindered, used violence against, threatened or intimidated a person in connection with the carrying out of the forensic procedure;

    is admissible in any proceedings against the suspect in respect of a relevant offence.

    (3)  
    Evidence described in subsection (2) is not admissible if the forensic procedure was in fact carried out satisfactorily.

    (4)  
    Evidence described in subsection (2) is not admissible unless it is established that the suspect:


    (a) had been informed by a constable as described in subsection 23WA(4) ; or


    (b) otherwise knew;

    that the fact of refusing to comply with the direction, or obstructing, resisting, hindering, using violence against, threatening or intimidating the person, in connection with the carrying out of the forensic procedure might be used in evidence against the suspect.

    (5)  
    The court or jury may draw such inferences from the evidence described in subsection (2) as appear to the court or jury to be proper in the circumstances, having regard to any evidence given by or on behalf of the suspect.




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