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 6 - Carrying out forensic procedures on suspects

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Subdivision B - Persons involved in forensic procedures

SECTION 23XM Persons who may carry out forensic procedures

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(1)

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The table following subsection (4) shows, for each forensic procedure, the persons who may carry out the procedure under this Part. A person not specified in the second column of the table is not authorised to carry out a forensic procedure under this Part except as mentioned in section 23XO .

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(2)

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The third column of the table following subsection (4) shows, for each forensic procedure, whether the suspect is entitled to request that a medical practitioner or dentist of the suspect's choice is present while the forensic procedure is carried out.

Note:

Section 23XP makes detailed provision for the presence of a medical practitioner or dentist of the suspect's choice while a forensic procedure is carried out.

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(3)

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A person is authorised to carry out a particular forensic procedure if he or she is an appropriately qualified person in relation to the procedure even if the person also satisfies another description specified in the following table that is not specified in relation to the particular forensic procedure.

Example:

A constable who is an appropriately qualified person to take samples of blood may take such samples even though the table does not expressly list constables as persons who may take samples of blood.

(4)

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This section does not prevent a suspect from taking a sample of saliva, or a sample by buccal swab, from himself or herself under the supervision of an appropriately qualified person.


Who may carry out forensic procedures
	Forensic procedure	Persons who may carry out forensic procedure	Is suspect entitled to request presence of medical practitioner or dentist of suspect's choice?
1	external examination of the genital or anal area, the buttocks or, in the case of a female, the breasts	medical practitioner nurse appropriately qualified person	yes (medical practitioner)
2	the taking of a sample of blood (other than by a finger prick)	medical practitioner nurse appropriately qualified person	yes (medical practitioner)
3	(Repealed by No 24 of 2012)
4	the taking of a sample of pubic hair	medical practitioner nurse appropriately qualified person	yes (medical practitioner)
5	the taking of a sample by swab or washing from the external genital or anal area, the buttocks or, in the case of a female, the breasts	medical practitioner nurse appropriately qualified person	yes (medical practitioner)
6	the taking of a sample by vacuum suction, scraping or lifting by tape from the external genital or anal area, the buttocks or, in the case of a female, the breasts	medical practitioner nurse appropriately qualified person	yes (medical practitioner)
7	the taking of a dental impression	medical practitioner dentist dental technician	yes (dentist or medical practitioner)
8	the taking of a photograph or a video recording of, or an impression or cast of a wound from, the genital or anal area, the buttocks or, in the case of a female, the breasts	appropriately qualified person	yes (medical practitioner)
9	external examination of a part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts, that requires touching of the body or removal of clothing	medical practitioner nurse appropriately qualified person	no
9A	the taking of a sample of blood by a finger prick	medical practitioner nurse constable appropriately qualified person	no
9B	the taking of a sample of saliva, or a sample by buccal swab	medical practitioner dentist dental technician nurse constable appropriately qualified person	no
10	the taking of a sample of hair other than pubic hair	medical practitioner nurse constable appropriately qualified person	no
11	the taking of a sample from a nail or from under a nail	medical practitioner nurse constable appropriately qualified person	no
12	the taking of a sample by swab or washing from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts	medical practitioner nurse appropriately qualified person	no
13	the taking of a sample by vacuum suction, scraping or lifting by tape from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts	medical practitioner nurse appropriately qualified person	no
14	the taking of a hand print, finger print, foot print or toe print	appropriately qualified person	no
15	the taking of a photograph or a video recording of, or an impression or cast of a wound from, an external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts	appropriately qualified person	no

Note:

Appropriately qualified (as used in the expression ``appropriately qualified person'') is defined in section 23WA .

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