CRIMES ACT 1914
Simplified outline of operation of Part
This Part provides for forensic procedures to be carried out on:
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:
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.
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 .
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) .
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.
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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