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 23YE   Powers etc. of legal representatives and interview friends  

    (1)  


    A request or objection that may be made by a suspect or offender under this Part may be made on the suspect's or offender's behalf by:


    (a) in any case - the suspect's or offender's legal representative; or


    (b) if the suspect or offender is a child or an incapable person - an interview friend of the suspect or offender; or


    (c) if the investigating constable believes on reasonable grounds that the suspect or offender is an Aboriginal person or a Torres Strait Islander - an interview friend of the suspect or offender.

    (2)  


    If:


    (a) a provision of this Part requires a suspect or offender to be informed of a matter; and


    (b) an interview friend or legal representative of the suspect is present when the suspect is to be so informed; and


    (c) the suspect or offender is so informed in a language (including in sign language or braille) in which the suspect's or offender's interview friend or legal representative is not able to communicate with reasonable fluency;

    the interview friend or legal representative must also be informed of the matter in a language in which the interview friend or legal representative is able to communicate with reasonable fluency.




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