Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 23XN

Certain forensic procedures generally to be carried out by person of same sex as suspect

             (1)  If practicable, an intimate forensic procedure (other than the taking of a sample of blood or a dental impression) is to be carried out:

                     (a)  if the suspect is an adult--by a person of the same sex as the suspect; or

                     (b)  if the suspect is a child--by a person of the sex chosen by the suspect or, if the suspect does not wish to make such a choice, by a person of the same sex as the suspect.

             (2)  If practicable, a non-intimate forensic procedure for which the suspect is required to remove clothing other than his or her overcoat, coat, jacket, gloves, socks, shoes and hat is to be carried out:

                     (a)  if the suspect is an adult--by a person of the same sex as the suspect; or

                     (b)  if the suspect is a child--by a person of the sex chosen by the suspect or, if the suspect does not wish to make such a choice, by a person of the same sex as the suspect.

             (3)  If practicable, a person asked under section 23XO to help carry out a forensic procedure covered by subsection (1) or (2):

                     (a)  is to be:

                              (i)  if the suspect is an adult--a person of the same sex as the suspect; or

                             (ii)  if the suspect is a child--a person of the sex chosen by the suspect or, if the suspect does not wish to make such a choice, by a person of the same sex as the suspect; and

                     (b)  is to be a person who is not inappropriate to help carry out the forensic procedure.



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