Australian Capital Territory Numbered Acts

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CORRECTIONS MANAGEMENT ACT 2007 (NO. 15 OF 2007 ) - SECT 65

Identification of detainees

    (1)     For the identification of a detainee admitted to a correctional centre, the chief executive may direct that all or any of the following be taken of, or from, the detainee:

        (a)     prints of the detainee's hands, fingers, feet or toes;

        (b)     a photograph or video recording;

        (c)     a measurement;

        (d)     a cast or impression;

        (e)     a buccal swab or saliva sample;

        (f)     a blood sample;

        (g)     anything else prescribed by regulation.

    (2)     Anything taken of, or from, a detainee under subsection (1) must be destroyed if—

        (a)     the detainee is found not guilty of any offence to which the detention relates, other than on the ground of unsoundness of mind; or

        (b)     proceedings for any offence to which the detention relates are discontinued or dismissed.

    (3)     However, subsection (2) does not apply if, for any part of the period of detention in relation to an offence, the detainee was also being detained for another offence—

        (a)     of which the detainee has been convicted; or

        (b)     for which a proceeding (including any appeal proceeding) is still pending.

    (4)     A blood sample under this section may only be taken by a health professional appointed under section 22 (Health professionals—non-therapeutic functions).

Note     The Crimes (Forensic Procedures) Act 2000 includes provision for carrying out forensic procedures on people in custody. See particularly pt 2.7 (Carrying out of certain forensic procedures after conviction of serious offenders).



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