CRIMES ACT 1914 - SECT 23XN Certain forensic procedures generally to be carried out by person of same sex as suspect

CRIMES ACT 1914 - SECT 23XN

  (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.