Australian Capital Territory Current Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000

TABLE OF PROVISIONS

           Long Title

CHAPTER 1--PRELIMINARY

   1.      Name of Act  
   3.      Dictionary  
   4.      Notes  
   4A.     Offences against Act—application of Criminal Code etc  

CHAPTER 2--FORENSIC PROCEDURES

   PART 2.1--PRELIMINARY

   5.      Forensic material and forensic procedures  
   6.      What is an intimate forensic procedure?  
   7.      What is a non-intimate forensic procedure?  
   8.      Meaning of suspect  
   9.      Meaning of serious offence and serious offender  
   10.     Meaning of volunteer  
   11.     Meaning of investigating police officer  
   12.     Meaning of authorised applicant  
   13.     Meaning of appropriately qualified person  
   14.     Meaning of child and parent of a child  
   14A.    Meaning of close associate  
   15.     Meaning of incapable person  
   16.     Interview friend  
   17.     Police officer to ask if person is Aboriginal or Torres Strait Islander  

   PART 2.2--CIRCUMSTANCES IN WHICH FORENSIC PROCEDURES ON SUSPECTS MAY BE AUTHORISED

   18.     How forensic procedures may be authorised in different circumstances  
           PART 2.3 FORENSIC PROCEDURES BY CONSENT OF SUSPECT
   19.     Forensic procedure may be carried out with informed consent of suspect  
   20.     People who cannot consent to forensic procedures  
   21.     Informed consent of suspect to forensic procedure  
   22.     Police officer may request suspect to consent to forensic procedure  
   23.     Matters to be considered by police officer before requesting consent to forensic  
   24.     Matters that suspect must be informed of before giving consent  
   24A.    Aboriginal or Torres Strait Islander suspects  
   25.     Withdrawal of suspect's consent  
   26.     Recording of giving of information and consent  

   PART 2.4 NON-INTIMATE FORENSIC PROCEDURES ON SUSPECT BY ORDER OF POLICE OFFICER

   27.     Non-intimate forensic procedure may be carried out by order of police officer  
   28.     Circumstances in which police officer may order non-intimate forensic procedure  
   29.     Matters to be considered by police officer before ordering forensic procedure  
   30.     Record of police officer's order  

   PART 2.5 FORENSIC PROCEDURES ON SUSPECT BY ORDER OF MAGISTRATE

           Division 2.5.1--General

   31.     Forensic procedure may be carried out by order of magistrate  
   32.     Circumstances in which magistrate may order forensic procedure  

           Division 2.5.2--Final orders

   33.     Final order for carrying out of forensic procedure  
   34.     Matters to be considered by magistrate before ordering forensic procedure  
   35.     Application for order  
   36.     Securing the presence of suspects at hearings—suspect in custody  
   37.     Securing the presence of suspects at hearings—suspect not in custody  
   38.     Procedure at hearing of application for order  
   39.     Action to be taken on making of orders  
   40.     Suspect in custody may be kept in custody for carrying out forensic  
   40A.    Magistrate may order arrest etc of suspect not in custody for carrying out forensic  
   40B.    Arrest, removal and detention of suspect  
   40C.    Arrest and removal order—warrant to enter premises  
   40D.    Warrant to enter premises—announcement before entry and copy of  

           Division 2.5.3--Interim orders

   41.     Interim order for immediate carrying out of forensic procedure  
   42.     Applications for interim orders  
   43.     Procedure at hearing of application for interim order  
   44.     Action to be taken on making of interim orders  
   45.     Records of applications and interim orders  
   46.     Suspect may be prevented from destroying or contaminating evidence  
   47.     Results of forensic procedures carried out under interim order  

           Division 2.5.4--Reports of proceedings under pt 2.5

   48.     Restrictions on publication  
           PART 2.6 CARRYING OUT FORENSIC PROCEDURES

           Division 2.6.1--General provisions

   48A.    Meaning of relevant person—pt 2.6  
   49.     General rules for carrying out forensic procedures  
   49A.    Rules for carrying out forensic procedures—giving and recording  
   49B.    Rules for carrying out forensic procedures—transgender and intersex  
   50.     Use of force in carrying out forensic procedures  
   51.     Forensic procedures not to be carried out in cruel, inhuman or degrading way  
   52.     Taking samples of hair  

           Division 2.6.2--People involved in forensic procedures

   53.     People who may carry out forensic procedures  
   54.     Sex of person carrying out or helping carry out forensic  
   55.     Person may get help to carry out forensic procedure  

           Division 2.6.3--Presence of other people while forensic procedure is carried out

   56.     Doctor or dentist of person's choice may be present for most forensic  
   57.     Presence of interview friend or lawyer while forensic procedure is carried out  
   58.     Presence of police officers while forensic procedure is carried out  

           Division 2.6.4--Recording of carrying out of forensic procedure

   59.     Recording of forensic procedure  

           Division 2.6.5--Procedure after forensic procedure is carried out

   60.     Samples  
   61.     Photographs or video recordings  
   62.     Results of analysis  
   63.     Preventing the carrying out of forensic procedure  
           PART 2.7 CARRYING OUT OF CERTAIN FORENSIC PROCEDURES AFTER CONVICTION OF SERIOUS OFFENDERS
   64.     Forensic procedures to which pt 2.7 applies  
   65.     Non–intimate forensic procedures authorised to be carried out  
   66.     Intimate forensic procedures authorised to be carried out  
   67.     Forensic procedures to be in accordance with pt 2.6  
   68.     Scope of authorisation  
   69.     Informed consent of serious offender to forensic procedure  
   70.     Police officer may request serious offender to consent to forensic procedure  
   71.     Matters to be considered by police officer before requesting consent to forensic  
   72.     Matters that serious offender must be informed of before giving consent  
   73.     Circumstances in which police officer may order non-intimate forensic procedure  
   74.     Matters to be considered by police officer  
   75.     Recording of giving of information and consent  
   76.     Record of police officer's order  
   77.     Court order for carrying out of forensic procedure on serious offender  
   77A.    Securing the presence of serious offender at hearing—offender in custody  
   77B.    Securing the presence of serious offender at hearing—offender not in  
   77C.    Procedure at hearing of application for order  
   78.     Carrying out of forensic procedure following conviction  
           PART 2.8 CARRYING OUT OF FORENSIC PROCEDURES ON VOLUNTEERS AND CERTAIN OTHER PEOPLE
   79.     Carrying out of forensic procedures on volunteers  
   80.     Informed consent of volunteer or parent, guardian or close associate of  
   80A.    Consent to retention of forensic material taken etc  
   81.     Recording of giving of information etc  
   82.     Withdrawal of consent or end of agreed retention period  
   83.     Circumstances in which magistrate may order carrying out of forensic procedure on child or  
   84.     Retention of forensic material etc by order of magistrate  
   84A.    Certain volunteers—information about matching of DNA profile  

   PART 2.8A--ANALYSIS OF FORENSIC MATERIAL

   84B.    Who may analyse forensic material?  
           PART 2.9 ADMISSIBILITY OF EVIDENCE

           Division 2.9.1--Forensic evidence

   85.     Inadmissibility of evidence from improper forensic procedures etc  
   86.     Inadmissibility of evidence if forensic material required to be destroyed  

           Division 2.9.2--Other evidence

   87.     Admissibility of evidence relating to consent to forensic procedures  
   88.     Admissibility of evidence relating to carrying out of forensic procedures  
   89.     Obstructing etc the carrying out of forensic procedure  
           PART 2.10 DESTRUCTION OF FORENSIC MATERIAL
   90.     Destruction of certain forensic material obtained by court order  
   91.     Destruction of forensic material taken from serious offender after conviction quashed  
   92.     Application for destruction of forensic material after 1 year  
   93.     Destruction of forensic material if related evidence is inadmissible  
           PART 2.11 ACT DNA DATABASE
   94.     Definitions—Act  
   94A.    ACT DNA database  
   95.     Supply of forensic material for prohibited analysis etc  
   96.     Use of information on ACT DNA database  
   97.     Permissible matching of DNA profiles  
   98.     Recording, retention and removal of identifying information on ACT DNA  
   98A.    Removal of identifying information about suspects after 1 year  

   PART 2.12--OPERATION OF ACT AND EFFECT ON OTHER LAWS

   99.     Application of other Acts  

   PART 2.13--INTERSTATE ENFORCEMENT

   100.    Definitions relating to interstate enforcement  
   101.    Registration of orders  
   102.    Database information  

   PART 2.14--GENERAL PROVISIONS ABOUT OPERATION OF ACT

   103.    Powers of lawyers and interview friends  
   104.    Obligation of investigating police officers relating to electronic  
   105.    Material required to be made available to suspect, serious offender or volunteer  
   106.    Suspect, serious offender or volunteer not to be charged for material or viewing video  
   107.    Proof of belief  
   108.    Proof of impracticability  
   109.    Liability for forensic procedures  
   110.    Experts not obliged to carry out forensic procedures  
   111.    Disclosure of information  
   112.    Taking, retention and use of forensic material in accordance with another law  
   113.    Retention of electronic recordings  

CHAPTER 3--MISCELLANEOUS

   114.    Delegation by chief police officer  
   115.    Regulation-making power  

CHAPTER 4--TRANSITIONAL

   116.    Forensic procedures under pt 2.7  
   117.    Forensic material taken before commencement  
           DICTIONARY
           ENDNOTES