Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMES ACT 1914 - SECT 23WR

Circumstances in which magistrate may order forensic procedure

             (1)  A magistrate may, under section 23WS or 23XA, order the carrying out of a forensic procedure on a suspect if:

                     (a)  the suspect is not in custody and has not consented to the forensic procedure (whether or not consent has been sought); or

                     (b)  the suspect is in custody and has not consented to the forensic procedure (whether or not consent has been sought); or

                     (c)  under section 23WE, the suspect cannot consent to the forensic procedure; or

                     (d)  the forensic procedure has been requested by a foreign country or an international tribunal.

             (2)  However, a magistrate is not authorised to order the carrying out of a forensic procedure on a suspect if the procedure has been requested by a foreign law enforcement agency.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback