Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 23YDA

  (1)   Where:

  (a)   a constable proposes to take an action listed in subsection   (2); and

  (b)   the constable believes on reasonable grounds that the suspect, offender or volunteer is unable, because of inadequate knowledge of the English language or a physical disability, to communicate orally with reasonable fluency in the English language;

the constable must, before taking the proposed action, arrange for the presence of an interpreter, and defer taking the proposed action until the interpreter is present.

  (2)   The actions are as follows:

  (a)   asking a suspect to consent to a forensic procedure (Division   3), asking an offender to consent to a forensic procedure (Division   6A) or asking a volunteer to consent to a forensic procedure (Division   6B);

  (b)   ordering the carrying out of a non - intimate forensic procedure on a suspect who is in custody (Division   4) or on an offender who is in custody (Division   6A);

  (c)   applying to a magistrate for a final order or an interim order for the carrying out of a forensic procedure on a suspect (Division   5), applying to a judge or magistrate for an order for the carrying out of a forensic procedure on an offender (Division   6A) or applying to a magistrate for an order under section   23XWU for the carrying out of a forensic procedure on a child or incapable person;

  (d)   cautioning a suspect, offender or volunteer (Division   6);

  (e)   carrying out, or arranging for the carrying out of, a forensic procedure on a suspect, offender or volunteer (Division   6);

  (f)   giving a suspect, offender or volunteer an opportunity to view a video recording made under this Part (section   23YF).