Australian Capital Territory Numbered Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 (NO 61 OF 2000)

TABLE OF PROVISIONS

           Long Title

   1.      Name of Act  
   2.      Commencement  
   3.      Dictionary  
   4.      Notes  

   PART 2.1--GENERAL CONCEPTS

   5.      Forensic material and forensic procedures  
   6.      What is an intimate forensic procedure?  
   7.      What is a non-intimate forensic procedure?  
   8.      Meaning of suspect  
   9.      Meaning of serious offence and serious offender  
   10.     Meaning of volunteer  
   11.     Meaning of investigating police officer  
   12.     Meaning of authorised applicant  
   13.     Meaning of appropriately qualified person  
   14.     Meaning of child and parent of a child  
   15.     Meaning of incapable person  
   16.     Interview friend  
   17.     Transgender persons  

   PART 2.2--CIRCUMSTANCES IN WHICH FORENSIC PROCEDURES ON SUSPECTS MAY BE AUTHORISED

   18.     How forensic procedures may be authorised in different circumstances  

   PART 2.3--FORENSIC PROCEDURES BY CONSENT OF SUSPECT

   19.     Forensic procedure may be carried out with informed consent of suspect  
   20.     People who cannot consent to forensic procedures  
   21.     Informed consent of suspect to forensic procedure  
   22.     Police officer may request suspect to consent to forensic procedure  
   23.     Matters to be considered by police officer before requesting consent to forensic procedure  
   24.     Matters that suspect must be informed of before giving consent  
   25.     Withdrawal of suspect's consent  
   26.     Recording of giving of information and consent  

   PART 2.4--NON-INTIMATE FORENSIC PROCEDURES ON SUSPECT BY ORDER OF A POLICE OFFICER

   27.     Non-intimate forensic procedure may be carried out by order of police officer  
   28.     Circumstances in which police officer may order non-intimate forensic procedure  
   29.     Matters to be considered by police officer before ordering forensic procedure  
   30.     Record of police officer's order  

   PART 2.5--FORENSIC PROCEDURES ON SUSPECT BY ORDER OF A MAGISTRATE

   31.     Forensic procedure may be carried out by order of a magistrate  
   32.     Circumstances in which magistrate may order forensic procedure  
   33.     Final order for carrying out of forensic procedure  
   34.     Matters to be considered by magistrate before ordering forensic procedure  
   35.     Application for order  
   36.     Securing the presence of suspects at hearings—suspect in custody  
   37.     Securing the presence of suspects at hearings—suspect not in custody  
   38.     Procedure at hearing of application for order  
   39.     Action to be taken on making of orders  
   40.     Suspect may be kept in custody for carrying out of forensic procedure  
   41.     Interim order for immediate carrying out of forensic procedure  
   42.     Applications for interim orders  
   43.     Procedure at hearing of application for interim order  
   44.     Action to be taken on making of interim orders  
   45.     Records of applications and interim orders  
   46.     Suspect may be prevented from destroying or contaminating evidence  
   47.     Results of forensic procedures carried out under interim order  
   48.     Restrictions on publication  

   PART 2.6--CARRYING OUT FORENSIC PROCEDURES

   49.     General rules for carrying out forensic procedures  
   50.     Use of force in carrying out forensic procedures  
   51.     Forensic procedures not to be carried out in cruel, inhuman or degrading way  
   52.     Taking samples of hair  
   53.     People who may carry out forensic procedures  
   54.     Certain forensic procedures generally to be carried out by person of same sex as suspect  
   55.     Person may get help to carry out forensic procedure  
   56.     Doctor or dentist of suspect's choice may be present for most forensic procedures  
   57.     Presence of interview friend or lawyer while forensic procedure is carried out  
   58.     Presence of police officers while forensic procedure is carried out  
   59.     Recording of forensic procedure  
   60.     Samples  
   61.     Photographs or video recordings  
   62.     Results of analysis  
   63.     Preventing the carrying out of forensic procedure  

   PART 2.7--CARRYING OUT OF CERTAIN FORENSIC PROCEDURES AFTER CONVICTION OF SERIOUS OFFENDERS

   64.     Forensic procedures to which pt 2.7 applies  
   65.     Non–intimate forensic procedures authorised to be carried out  
   66.     Intimate forensic procedures authorised to be carried out  
   67.     Application of pt 2.6 to carrying out of forensic procedures to which pt 2.7 applies  
   68.     Scope of authorisation  
   69.     Informed consent of serious offender to forensic procedure  
   70.     Police officer may request serious offender to consent to forensic procedure  
   71.     Matters to be considered by police officer before requesting consent to forensic procedure  
   72.     Matters that serious offender must be informed of before giving consent  
   73.     Circumstances in which police officer may order non-intimate forensic procedure  
   74.     Matters to be considered by police officer  
   75.     Recording of giving of information and consent  
   76.     Record of police officer's order  
   77.     Court order for carrying out of forensic procedure on serious offender  
   78.     Carrying out of forensic procedure following conviction  

   PART 2.8--CARRYING OUT OF FORENSIC PROCEDURES ON VOLUNTEERS AND CERTAIN OTHER PEOPLE

   79.     Carrying out of forensic procedures on volunteers  
   80.     Informed consent of volunteer or parent or guardian of volunteer  
   81.     Recording of giving of information and consent  
   82.     Withdrawal of consent  
   83.     Circumstances in which magistrate may order carrying out of forensic procedure on child or incapable person  
   84.     Retention of forensic material by order of magistrate after parent or guardian of child or incapable person withdraws consent  

   PART 2.9--ADMISSIBILITY OF EVIDENCE

   85.     Inadmissibility of evidence from improper forensic procedures etc  
   86.     Inadmissibility of evidence if forensic material required to be destroyed  
   87.     Admissibility of evidence relating to consent to forensic procedures  
   88.     Admissibility of evidence relating to carrying out of forensic procedures  
   89.     Obstructing etc the carrying out of forensic procedure  

   PART 2.10--DESTRUCTION OF FORENSIC MATERIAL

   90.     Destruction of certain forensic material obtained by court order  
   91.     Destruction of forensic material taken from serious offender after conviction quashed  
   92.     Destruction of forensic material after 1 year  
   93.     Destruction of forensic material if related evidence is inadmissible  

   PART 2.11--DNA DATABASE SYSTEM

   94.     Definitions relating to DNA database system  
   95.     Supply of forensic material for purposes of DNA database  
   96.     Use of information on DNA database system  
   97.     Permissible matching of DNA profiles  
   98.     Recording, retention and removal of identifying information on DNA database system  

   PART 2.12--OPERATION OF ACT AND EFFECT ON OTHER LAWS

   99.     Application of other Acts  

   PART 2.13--INTERSTATE ENFORCEMENT

   100.    Definitions relating to interstate enforcement  
   101.    Registration of orders  
   102.    Database information  

   PART 2.14--GENERAL PROVISIONS ABOUT OPERATION OF ACT

   103.    Powers of lawyers and interview friends  
   104.    Obligation of investigating police officers relating to electronic recordings  
   105.    Material required to be made available to suspect, serious offender or volunteer  
   106.    Suspect, serious offender or volunteer not to be charged for material or viewing video  
   107.    Proof of belief  
   108.    Proof of impracticability  
   109.    Liability for forensic procedures  
   110.    Experts not obliged to carry out forensic procedures  
   111.    Disclosure of information  
   112.    Taking, retention and use of forensic material in accordance with another law  
   113.    Retention of electronic recordings  
   114.    Delegation by chief police officer  
   115.    Regulation-making power  
   116.    Forensic procedures under pt 2.7  
   117.    Forensic material taken before commencement  
           DICTIONARY