Part ID
-
Forensic procedures
History
Part ID (heading) substituted by No 41 of 2003, s 3 and Sch 3 item 40, effective 3 June 2003. For saving provision, see note under s 23C(7). The heading formerly read:
Part 1D
-
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
).
History
Simplified outline amended by No 34 of 2018, s 3 and Sch 1 item 101, by substituting
"
or an international tribunal,
"
for
"
(as contemplated by the Mutual Assistance in Criminal Matters Act 1987)
"
, effective 22 November 2018. For application provision, see note under the definition of
"
authorising provision
"
in s
23WA(1)
.
Simplified outline amended by No 7 of 2012, s 3 and Sch 3 item 70, by inserting the para relating to Div 9A, effective 20 September 2012.
Simplified outline amended by No 130 of 2006, s 3 and Sch 1 item 1, by substituting all the words from and including
"
This Part also
"
, effective 5 November 2006. No 130 of 2006, s 3 and Sch 1 item 52 contains the following transitional provision:
Transitional
52
For the purposes of the application of Part ID of the
Crimes Act 1914
after 5 November 2006, a reference to the Commonwealth DNA database system is taken, in relation to a thing that happened before 5 November 2006, to include a reference to the DNA database system (within the meaning of that Act as in force immediately before 5 November 2006).
The words formerly read:
This Part also provides for:
•
the establishing of a DNA database system (Division
8A
); and
•
offences in relation to the DNA database system (Division
8A
); and
•
the protection of information stored in the DNA database system (Division
11
); and
•
the destruction of forensic material (Division
8A
).
Simplified Outline substituted by No 22 of 2001, s 3 and Sch 1 item 4, effective 6 October 2001. The Simplified Outline formerly read:
Simplified outline of operation of Part
This Part provides for forensic procedures to be carried out on people who are suspects in relation to indictable offences.
In different circumstances, forensic procedures may be carried out on suspects:
•
with the informed consent of the suspect; or
•
by order of a senior constable; or
•
by order of a magistrate.
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
).
If a forensic procedure authorised by this Part is not carried out as required by this Part (in particular Division
6
), evidence obtained through the procedure may be inadmissible in proceedings against the suspect (Division
7
).
Division
11
provides for the taking of blood samples from people convicted of serious offences.
Division 5
-
Forensic procedures on suspect by order of a magistrate
History
Div 5 heading substituted by No 22 of 2001, s 3
and Sch 1 item 43, effective 6 October 2001. The heading formerly read:
Division 5
-
Forensic
procedures by order of a magistrate
Subdivision D
-
Time limits for forensic procedures ordered by magistrates
SECTION 23XGD
Time for carrying out forensic procedure
-
suspect in custody
(1)
If the suspect is in custody (whether or not as the result of the issue of a warrant under section
23XGC
), he or she may be detained in custody for such period (the
detention period
) as is reasonably necessary to carry out the forensic procedure but in any case for no longer than a period starting when:
(a)
the magistrate orders the carrying out of the procedure; or
(b)
the suspect is arrested pursuant to a warrant under section
23XGC
;
whichever is later, and ending:
(c)
if the suspect is a child or an incapable person, or the investigating constable believes on reasonable grounds that the suspect is an Aboriginal person or a Torres Strait Islander
-
2 hours later; or
(d)
in any other case
-
4 hours later.
(2)
In working out any period of time for the purposes of subsection (1), the following times are to be disregarded:
(a)
the time (if any) that is reasonably required to convey the suspect from the place where the suspect is when the detention period starts to the nearest premises where facilities for carrying out the procedure in accordance with this Part are available to the investigating constable;
(b)
any time during which carrying out the procedure is suspended or delayed to allow the suspect, or someone else on the suspect's behalf, to communicate with a legal practitioner, friend, relative, parent, guardian, interpreter, medical practitioner, dentist or other person as provided by this Part;
(c)
any time during which carrying out the procedure is suspended or delayed to allow such a legal practitioner, friend, relative, parent, guardian, interpreter, medical practitioner, dentist or other person to arrive at the place where the procedure is to be carried out;
(d)
any time during which carrying out the procedure is suspended or delayed to allow the suspect to receive medical attention;
(e)
any time during which carrying out the procedure is suspended or delayed because of the suspect's intoxication;
(f)
any reasonable time during which carrying out the procedure is suspended or delayed to allow the suspect to rest or recuperate;
(g)
any time during which the suspect is being questioned under Part
IC
;
(h)
any time that is to be disregarded under subsection
23C(7)
or
23DB(9)
.
History
S 23XGD(2) amended by No 127 of 2010, s 3 and Sch 3 item 17, by substituting
"
or 23DB(9)
"
for
"
or 23CA(8)
"
in para (h), effective 25 November 2010.
S 23XGD(2) amended by No 104 of 2004, s 3 and Sch 1 item 12, by substituting para (h), effective 30 June 2004. Para (h) formerly read:
(h)
any time that is to be disregarded under subsection 23C(7) for the purposes of subsection 23C(4) or (6).
S 23XGD(2) amended by No 41 of 2003, s 3 and Sch 3 item 28, by substituting ``Part IC
'
'
for ``Part 1C
'
'
in para (g), effective 23 January 1999. For saving provision, see note under s 23C(7).
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