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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 6 - Carrying out forensic procedures on suspects  

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    Subdivision D - Presence of other people while forensic procedure is carried out  

    SECTION 23XR   Presence of interview friend or legal representative - Aboriginal persons and Torres Strait Islanders  

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    (1)    
    This section applies if the investigating constable believes on reasonable grounds that the suspect is an Aboriginal person or a Torres Strait Islander not covered by section 23XQ .

    (2)    
    Either an interview friend or a legal representative (if he or she is not the interview friend) of the suspect must be present while the forensic procedure is carried out. Both an interview friend and a legal representative may be present.

    (3)    
    Subsection (2) does not apply if:


    (a) the investigating constable believes on reasonable grounds that, having regard to the suspect's level of education and understanding, the suspect is not at a disadvantage in respect of the carrying out of the forensic procedure by comparison with members of the Australian community generally; or


    (b) the suspect expressly and voluntarily waives his or her right to have an interview friend present.

    Note:

    Section 23YK relates to proving a waiver under subsection (3).

    (4)    
    An interview friend (other than a legal representative) of the suspect may be excluded from the place where the forensic procedure is being carried out if the interview friend unreasonably interferes with or obstructs the carrying out of the procedure.


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