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 23YF   Obligation of investigating constables relating to tape recordings  

    (1)  
    If a tape recording is made as required by a provision of this Part, the investigating constable must ensure that:


    (a) if an audio recording only or a video recording only is made - the recording, or a copy of it, is made available to the suspect, offender or volunteer; and


    (b) if both an audio recording and a video recording are made:


    (i) the audio recording, or a copy of it, is made available to the suspect, offender or volunteer; and

    (ii) the suspect, offender or volunteer is given an opportunity to view the video recording; and


    (c) in any case, if a transcript of the tape recording is made - a copy of the transcript is made available to the suspect, offender or volunteer.

    Note 1:

    If a forensic procedure is carried out as a result of a request by a foreign country or an international tribunal, a copy of anything made may also be provided to that country or tribunal: see section 23YQB .

    Note 2:

    If a forensic procedure is carried out as a result of a request by a foreign law enforcement agency, a copy of anything made may also be provided to the foreign law enforcement agency: see subsections 23YQD(3) and (4) .

    (2)  
    Where an investigating constable is required to ensure that a suspect, offender or volunteer is given an opportunity to view a video recording made under this Part, the investigating constable must ensure that the same opportunity is given to:


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


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


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

    (3)  
    If section 23YD requires forensic material taken from a suspect, offender or volunteer by a forensic procedure to be destroyed, the investigating constable must ensure that any video recording of the carrying out of the forensic procedure is also destroyed.




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