Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 4807

Forensic proceedings—application and service

    (1)     If an application to carry out a forensic procedure on a serious offender or prescribed offender is made to the court that is sentencing the offender—

        (a)     notice of the application must be given to the offender at least 7 days before the sentencing; and

        (b)     the application must be made orally at the sentencing.

    (2)     If an application to carry out a forensic procedure on a serious offender or prescribed offender is made to a court after the sentencing of the offender—

        (a)     the application must be filed with the court; and

        (b)     a sealed copy of the application must be served personally on the offender at least 7 days before the return date for the application.

Note 1     Return date , for an application, is defined in the dictionary.

Note 2     Under the Act

, pt 2.7, a police officer may apply to any court for an order for the carrying out of an intimate or non-intimate forensic procedure for a serious offender in certain circumstances (see  the Act

 s 77 (1) and (2)). The application may be made to the court that is sentencing the serious offender or prescribed offender or to any other court at a later time (see the Act

, s 77 (3)).

Note 3     Under

title="Crimes Act 1914 (Cwlth)">the
Crimes Act

, pt 1D, div 6A, an authorised applicant may apply to any court for an order for the carrying out of an intimate or non-intimate forensic procedure in certain circumstances (see the Crimes Act

s 23XWO (1) and (2)). This application may be made to the court that is sentencing a serious offender or prescribed offender or to any other court at a later time (see

title="Crimes Act 1914 (Cwlth)">the Crimes Act

, s 23XWO (5)).



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