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Crimes Act 1914

Part ID - Forensic procedures  

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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 ).

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    Division 6A - Carrying out of certain forensic procedures after conviction of serious and prescribed offenders  

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    SECTION 23XWG   Informed consent to forensic procedures  

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    (1)    
    An offender gives informed consent to a forensic procedure if the offender consents after a constable:


    (a) requests the offender to consent to the forensic procedure under section 23XWH ; and


    (b) informs the offender, in accordance with the regulations and section 23XWJ , of the matters mentioned in that section; and

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    (c) gives the offender the opportunity to communicate, or attempt to communicate, with a legal practitioner of the offender's choice.

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    (2)    
    The constable must allow the offender to communicate, or attempt to communicate, with the legal practitioner in private unless the constable suspects on reasonable grounds that the offender might attempt to destroy or contaminate any evidence that might be obtained by carrying out the forensic procedure.

    Note:

    Section 23YI states that the burden lies on the prosecution to prove on the balance of probabilities that a constable had a suspicion on reasonable grounds.
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