Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 23XGB

Time for carrying out forensic procedure--suspect not in custody

             (1)  If a suspect who is not in custody presents himself or herself to the investigating constable to undergo the procedure ordered by the magistrate, the procedure must be carried out as quickly as reasonably possible but in any case within the following period:

                     (a)  if the suspect is a child or an incapable person, or the investigating constable believes on reasonable grounds that the suspect is an Aboriginal person or a Torres Strait Islander--2 hours after the suspect so presents himself or herself;

                     (b)  in any other case--4 hours after the suspect so presents himself or herself.

             (2)  In working out any period of time for the purposes of subsection (1), the following times are to be disregarded:

                     (a)  the time (if any) that is reasonably required to convey the suspect from the place where the suspect presents himself or herself to the investigating constable to the nearest premises where facilities for carrying out the procedure in accordance with this Part are available to the investigating constable;

                     (b)  any time during which carrying out the procedure is suspended or delayed to allow the suspect, or someone else on the suspect's behalf, to communicate with a legal practitioner, friend, relative, parent, guardian, interpreter, medical practitioner, dentist or other person as provided by this Part;

                     (c)  any time during which carrying out the procedure is suspended or delayed to allow such a legal practitioner, friend, relative, parent, guardian, interpreter, medical practitioner, dentist or other person to arrive at the place where the procedure is to be carried out;

                     (d)  any time during which carrying out the procedure is suspended or delayed to allow the suspect to receive medical attention;

                     (e)  any time during which carrying out the procedure is suspended or delayed because of the suspect's intoxication;

                      (f)  any reasonable time during which carrying out the procedure is suspended or delayed to allow the suspect to rest or recuperate;

                     (g)  any time during which carrying out the procedure is suspended or delayed at the request of the suspect.



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