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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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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 9A - Carrying out forensic procedures at the request of a foreign country or international tribunal

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Subdivision A - Requests by foreign countries or international tribunals

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SECTION 23YQB Providing evidence and material resulting from the forensic procedure

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(1)
Any forensic evidence resulting from the forensic procedure must be provided to the requesting entity in accordance with a direction described in subsection (3).

(2)
Material (or a copy) relating to the request that was made available to, or viewed by, a person under subsection 23YF(1) (about recordings) may only be provided to the requesting entity in accordance with a direction described in subsection (3).

(3)
The direction is one given by the Attorney-General under the following provision:

(a) section 28C of the Mutual Assistance in Criminal Matters Act 1987 , if the request was made by a foreign country;

(b) section 76B of the International Criminal Court Act 2002 , if the request was made by the ICC;

(c) section 32C of the International War Crimes Tribunals Act 1995 , if the request was made by a War Crimes Tribunal.

(4)
This section does not limit the directions that can be given under that provision.

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History

S 23YQB substituted by No 34 of 2018, s 3 and Sch 1 item 132, effective 22 November 2018. For application provision, see note under the definition of " authorising provision " in s 23WA(1) . S 23YQB formerly read:

SECTION 23YQB Providing forensic evidence resulting from a forensic procedure
(1)
If a forensic procedure is carried out on a person, the forensic evidence resulting from the procedure is to be provided to the foreign country concerned in accordance with a direction given by the Attorney-General under section 28C of the Mutual Assistance in Criminal Matters Act 1987 .

(2)
If an audio recording, a copy of it, or a copy of a transcript of a tape recording is made available to a person (as required by subsection 23YF(1)), a copy of the audio recording or the transcript, or both, as the case may be, may also be provided to the foreign country concerned, but only in accordance with a direction given by the Attorney-General under section 28C of the Mutual Assistance in Criminal Matters Act 1987 .

(3)
If:

(a) a video recording or a copy of it is made available to a person (as required by subsection 23YF(1)); or

(b) both an audio recording and a video recording are made and the person is given an opportunity to view the video recording (as required by subsection 23YF(1));
a copy of the video recording may also be provided to the foreign country concerned, but only in accordance with a direction given by the Attorney-General under section 28C of the Mutual Assistance in Criminal Matters Act 1987 .

S 23YQB amended by No 31 of 2018, s 3 and Sch 2 item 87, by substituting " Attorney-General " for " Attorney-General " , effective 11 May 2018. For transitional rules, see note under s 23YUK .

[ CCH Note: The amendment by No 31 of 2018, Sch 2 item 87 re-inserts the references to the Attorney-General: see item 3 of the table in subsection 19(1) of the Acts Interpretation Act 1901 .]

S 23YQB inserted by No 7 of 2012, s 3 and Sch 3 item 103, effective 20 September 2012.

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Crimes Act 1914

Simplified outline of operation of Part

Division 9A - Carrying out forensic procedures at the request of a foreign jurisdiction

Subdivision A - Requests by foreign countries

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