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CRIMES ACT 1914 - SECT 23WCA

Time limits for carrying out forensic procedures

    The following table sets out in general terms the time limits that apply to the carrying out of a forensic procedure depending on the status of the suspect and the source of the authority to carry out the procedure.

 

Time limits for forensic procedures

 



Suspect's status


Procedure with suspect's consent (Division   3)

Procedure by order of a constable (Division   4)


Procedure by order of a magistrate
(Division   5)

1

Child or incapable person not in custody

Not applicable

Not applicable

Procedure must be carried out within 2 hours after suspect presents to investigating constable, disregarding "dead time" described in subsection   23XGB(2) (see section   23XGB).

2

Aboriginal person or Torres Strait Islander (not a child or incapable person) not in custody

Procedure must be carried out within 2 hours after suspect presents to investigating constable, disregarding "dead time" described in subsection   23WLA(2) (see section   23WLA).

Not applicable

Procedure must be carried out within 2 hours after suspect presents to investigating constable, disregarding "dead time" described in subsection   23XGB(2) (see section   23XGB).

3

Suspect (not covered by item   1 or 2) not in custody

Procedure must be carried out within 4 hours after suspect presents to investigating constable, disregarding "dead time" described in subsection   23WLA(2) (see section   23WLA).

Not applicable

Procedure must be carried out within 4 hours after suspect presents to investigating constable, disregarding "dead time" described in subsection   23XGB(2) (see section   23XGB).

4

Child or incapable person in custody

Not applicable

Not applicable

In addition to the detention period permitted under Part   IC, suspect may be detained for up to 2 hours after magistrate's order or suspect's arrest, disregarding "dead time" described in subsection   23XGD(2) (see Subdivision D of Division   5).

5

Aboriginal person or Torres Strait Islander (not a child or incapable person) in custody

Suspect may be detained in accordance with Part   IC, but the detention period permitted by Part   IC is not extended in connection with carrying out the procedure (see subsections   23WD(3) and (4)).

Suspect may be detained in accordance with Part   IC, but the detention period permitted by Part   IC is not extended in connection with carrying out the procedure (see subsections   23WM(3) and (4)).

In addition to the detention period permitted under Part   IC, suspect may be detained for up to 2 hours after magistrate's order or suspect's arrest, disregarding "dead time" described in subsection   23XGD(2) (see Subdivision D of Division   5).

6

Suspect (not covered by item   4 or 5) in custody

Suspect may be detained in accordance with Part   IC, but the detention period permitted by Part   IC is not extended in connection with carrying out the procedure (see subsections   23WD(3) and (4)).

Suspect may be detained in accordance with Part   IC, but the detention period permitted by Part   IC is not extended in connection with carrying out the procedure (see subsections   23WM(3) and (4)).

In addition to the detention period permitted under Part   IC, suspect may be detained for up to 4 hours after magistrate's order or suspect's arrest, disregarding "dead time" described in subsection   23XGD(2) (see Subdivision D of Division   5).



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