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 23XWJ   Matters that offender must be informed of before giving consent  

    (1)  
    The constable must inform the offender of the following:


    (a) the purpose for which the forensic procedure is required;


    (b) if the constable wants the forensic procedure carried out in relation to an offence - the offence concerned;


    (c) the way in which the forensic procedure is to be carried out;


    (d) that the forensic procedure may produce evidence against the offender that might be used in a court of law;


    (e) that the forensic procedure will be carried out by a person who may carry out the procedure under Division 6 as applied by section 23XWE ;

    Note:

    See section 23XM .


    (f) if the forensic procedure is the taking of a sample of blood, that the offender may request that:


    (i) if the offender is serving a sentence of imprisonment in a prison or other place of detention - the prison medical officer be present while the blood is taken; or

    (ii) if the offender is not serving a sentence of imprisonment - a medical practitioner of the offender's choice be present while the blood is taken;


    (g) that the offender may refuse consent to the carrying out of the forensic procedure;


    (h) the consequences of not consenting, as specified in subsection (2) or (3) (whichever is applicable);


    (i) the effect of section 23XZ (if applicable);


    (j) that information obtained from analysis of forensic material obtained may be placed on the Commonwealth DNA database system and used for the purposes of a criminal investigation or for any other purpose for which the Commonwealth DNA database system may be used under Division 8A .

    (2)   Effect of failure to consent to non-intimate forensic procedure.  

    The constable must inform a serious offender requested to undergo a non-intimate forensic procedure to which this Division applies or a prescribed offender requested to consent to the taking of his or her fingerprints that, if the offender does not consent, a constable may order the carrying out of the forensic procedure under section 23XWK if the constable has taken into account the matters set out in section 23XWL .

    (3)   Effect of failure to consent to intimate forensic procedure.  

    The constable must inform a serious offender requested to undergo an intimate forensic procedure to which this Division applies that, if the serious offender does not consent, an application may be made to a magistrate for an order authorising the carrying out of the forensic procedure.


     

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