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CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 6

Time limits for carrying out forensic procedures

6 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 on a suspect 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 (Part 3) Procedure by order of a senior police officer (Part 4) Procedure by order of a Magistrate or an authorised officer (Part 5)
1 Child or an incapable person, not under arrest Not applicable Not applicable Procedure must be carried out within 2 hours after suspect presents to investigating police officer, disregarding "time out" (see section 40)
2 Suspect, including person identifying as Aboriginal person or Torres Strait Islander (not a child or an incapable person), not under arrest Procedure must be carried out within 2 hours after suspect presents to investigating police officer, disregarding "time out" (see section 16) Not applicable Procedure must be carried out within 2 hours after suspect presents to investigating police officer, disregarding "time out" (see section 40)
3 Child or an incapable person, under arrest Not applicable Not applicable Procedure must be carried out not later than 2 hours after the end of the investigation period permitted under section 115 of the Law Enforcement (Powers and Responsibilities) Act 2002 , disregarding "time out" (see Division 4 of Part 5)
4 Suspect, including person identifying as Aboriginal person or Torres Strait Islander (not a child or an incapable person), under arrest Suspect may be detained in accordance with Part 9 of the Law Enforcement (Powers and Responsibilities) Act 2002 , for 2 hours after the end of the investigation period permitted under section 115 of the Law Enforcement (Powers and Responsibilities) Act 2002 , disregarding "time out" (see section 7 (3) and (4)) Suspect may be detained in accordance with Part 9 of the Law Enforcement (Powers and Responsibilities) Act 2002 , for 2 hours after the end of the investigation period permitted under section 115 of the Law Enforcement (Powers and Responsibilities) Act 2002 , disregarding "time out" (see section 17 (3) and (4)) Procedure must be carried out not later than 2 hours after the end of the investigation period permitted under section 115 of the Law Enforcement (Powers and Responsibilities) Act 2002 , disregarding "time out"



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