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 9 - General provisions relating to operation of this Part  

    SECTION 23YDA   Interpreters  

    (1)  
    Where:


    (a) a constable proposes to take an action listed in subsection (2); and


    (b) the constable believes on reasonable grounds that the suspect, offender or volunteer is unable, because of inadequate knowledge of the English language or a physical disability, to communicate orally with reasonable fluency in the English language;

    the constable must, before taking the proposed action, arrange for the presence of an interpreter, and defer taking the proposed action until the interpreter is present.

    (2)  
    The actions are as follows:


    (a) asking a suspect to consent to a forensic procedure (Division 3 ), asking an offender to consent to a forensic procedure (Division 6A ) or asking a volunteer to consent to a forensic procedure (Division 6B );


    (b) ordering the carrying out of a non-intimate forensic procedure on a suspect who is in custody (Division 4 ) or on an offender who is in custody (Division 6A );


    (c) applying to a magistrate for a final order or an interim order for the carrying out of a forensic procedure on a suspect (Division 5 ), applying to a judge or magistrate for an order for the carrying out of a forensic procedure on an offender (Division 6A ) or applying to a magistrate for an order under section 23XWU for the carrying out of a forensic procedure on a child or incapable person;


    (d) cautioning a suspect, offender or volunteer (Division 6 );


    (e) carrying out, or arranging for the carrying out of, a forensic procedure on a suspect, offender or volunteer (Division 6 );


    (f) giving a suspect, offender or volunteer an opportunity to view a video recording made under this Part (section 23YF ).




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