Australian Capital Territory Numbered Acts

CRIMES (FORENSIC PROCEDURES) AMENDMENT ACT 2008 (NO. 23 OF 2008) - SECT 34

substitute

54     Sex of person carrying out or helping carry out forensic procedures

    (1)     If an intimate forensic procedure (other than the taking of a sample of blood or a dental impression) is to be carried out on a relevant person, the person carrying it out, and anyone asked under section 55 to help carry it out, must be of the same sex as the relevant person.

    (2)     If an intimate forensic procedure that is the taking of a sample of blood or a dental impression is to be carried out on a relevant person—

        (a)     the person carrying it out must, if practicable, be of the same sex as the relevant person; and

        (b)     anyone asked under section 55 to help carry it out must be of the same sex as the relevant person.

    (3)     If a non-intimate forensic procedure (other than a forensic procedure mentioned in subsection (4)) is to be carried out on a relevant person, the person carrying it out, and anyone asked under section 55 to help carry it out, must be of the same sex as the relevant person.

    (4)     Subsection (3) does not apply to—

        (a)     the taking of a handprint, fingerprint, footprint or toeprint; or

        (b)     any other non-intimate forensic procedure that may be carried out without—

              (i)     touching the relevant person; or

              (ii)     requiring the relevant person to remove any clothing (other than his or her overcoat, coat, jacket, gloves, socks, shoes and hat).

    (5)     If the person on whom a forensic procedure is to be carried out is a volunteer—

        (a)     the person may request that a person of the opposite sex carry out or help carry out the procedure; and

        (b)     any such request must be complied with, despite subsections (1) to (3).