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 4
-
Non-intimate forensic procedures on suspect by order of senior police officer
History
Div 4 heading substituted by No 24 of 2012, s 3 and Sch 1 item 12, effective 5 April 2012. The heading formerly read:
Division 4
-
Non-intimate forensic procedures on suspect by order of senior constable
Div 4 heading substituted by No 22 of 2001, s 3 and Sch 1 item 42, effective 6 October 2001. The heading formerly read:
Division 4
-
Non-intimate forensic procedures by order of senior constable
SECTION 23WM
Non-intimate forensic procedure may be carried out by order of senior police officer
(1)
A person is authorised to carry out a non-intimate forensic procedure on a suspect by order of a senior police officer under section
23WN
. The person is authorised to carry out the procedure in accordance with Division
6
and not otherwise.
History
S 23WM(1) amended by No 24 of 2012, s 3 and Sch 1 item 14, by substituting
"
senior police officer
"
for
"
senior constable
"
, effective 5 April 2012.
(2)
This Division does not authorise the carrying out of a forensic procedure on a suspect who is:
(a)
a child; or
(b)
an incapable person.
(2A)
This Division does not authorise the carrying out of a forensic procedure on a suspect if the procedure has been requested by:
(a)
a foreign country or international tribunal; or
(b)
a foreign law enforcement agency.
History
S 23WM(2A) amended by No 34 of 2018, s 3 and Sch 1 item 114, by substituting para (a), effective 22 November 2018. For application provision, see note under the definition of
"
authorising provision
"
in s
23WA(1)
. Para (a) formerly read:
(a)
a foreign country (as contemplated by the
Mutual Assistance in Criminal Matters Act 1987
); or
S 23WM(2A) inserted by No 7 of 2012, s 3 and Sch 3 item 85, effective 20 September 2012.
(3)
This Division does not authorise keeping a suspect in custody, in order to carry out a forensic procedure, after the expiration of the investigation period provided for by Part
IC
.
Note:
If it is necessary to keep a suspect in custody after the expiration of the Part
IC
investigation period in order to carry out a forensic procedure, an order of a magistrate under Division
5
will have to be obtained to authorise this.
History
S 23WM(3) amended by No 41 of 2003, s 3 and Sch 3 items 24 and 25, by substituting
"
Part IC
"
for
"
Part 1C
"
in the main text and in the note, effective 23 January 1999. For saving provision, see note under s 23C(7).
(4)
Nothing in this Part or Part
IC
prevents the carrying out of a forensic procedure, in accordance with a constable
'
s order under section
23WN
, during the investigation period provided for by Part IC. However, neither carrying out the forensic procedure, nor any delays associated with carrying out the forensic procedure, operate to extend the investigation period provided for by Part
IC
.
Note:
By contrast, the carrying out of a forensic procedure in accordance with a magistrate
'
s order under Division
5
, and associated delays, may delay the expiration of the investigation period provided for by Part
IC
.
History
S 23WM(4) amended by No 104 of 2004, s 3 and Sch 1 item 11, by omitting
"
(see subsection 23C(7))
"
after
"
Part IC
"
in the note, effective 30 June 2004.
S 23WM(4) amended by No 41 of 2003, s 3 and Sch 3 items 26 and 27, by substituting
"
Part IC
"
for
"
Part 1C
"
(wherever occurring) in the main text and substituting
"
Part IC
"
for
"
Part 1C
"
in the note, effective 23 January 1999. For saving provision, see note under s 23C(7).
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