Australian Capital Territory Current Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 98A

    (1)     This section applies if—

        (a)     forensic material has been taken from a suspect by a forensic procedure carried out under part 2.3 (Forensic procedures by consent of suspect), part 2.4 (Non-intimate forensic procedures on suspect by order of police officer) or part 2.5 (Forensic procedures on suspect by order of magistrate); and

        (b)     identifying information about the suspect obtained from the material is included on the ACT DNA database.

    (2)     If—

        (a)     1 year has elapsed since the forensic material was taken; and

        (b)     a proceeding for an offence to which the forensic material relates has not been begun or has been discontinued;

the identifying information must be removed from the ACT DNA database unless a warrant for the apprehension of the suspect has been issued.

    (3)     If a warrant for the apprehension of the suspect is issued within 1 year after the forensic material is taken, the identifying information must be removed from the ACT DNA database after—

        (a)     the warrant lapses; or

        (b)     1 year elapses after the suspect is apprehended.

    (4)     If—

        (a)     the suspect is found guilty of an offence to which the forensic material relates but no conviction is recorded; or

        (b)     the suspect is acquitted of an offence to which the forensic material relates and—

              (i)     no appeal against the acquittal is made during the appeal period; or

              (ii)     an appeal is made against the acquittal and the acquittal is confirmed or the appeal is withdrawn;

the identifying information must be removed from the ACT DNA database unless an investigation into, or a proceeding against the suspect for, another offence to which the forensic material relates is pending.

    (5)     A magistrate may, on application by the director of public prosecutions, extend for not longer than 1 year the period for which identifying information may be retained under this section, if the magistrate is satisfied there are special reasons for doing so.

    (6)     A magistrate to whom an application is made under subsection (5) may extend the period only if—

        (a)     the person from whom the forensic material was taken has been notified by the director of public prosecutions that the application has been made; and

        (b)     the person or his or her lawyer or interview friend (if any) has been given an opportunity to speak to or make a submission to the magistrate about the extension.

    (7)     An extension in relation to particular identifying information may be given more than once.

    (8)     The magistrate must ensure that the responsible person for the ACT DNA database is told about any extension given under this section.

    (9)     In this section:

"identifying information"—see section 98  (6).