New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 87

87 Destruction of forensic material taken from offender after conviction set aside or quashed

(1) This section applies if, after a forensic procedure is carried out on a person who is:

(a) a suspect who is subsequently convicted of an offence, or

(b) a serious indictable offender under Part 7, or

(c) an untested former offender under Part 7A, or

(d) an untested registrable person under Part 7B,

the conviction by virtue of which he or she is such a person (or, if there is more than one such conviction, each of them) is set aside or quashed.

(2) If forensic material has been taken from a person to whom this section applies and:

(a) no appeal is lodged against the setting aside or quashing of the conviction, or

(b) an appeal is lodged and the setting aside or quashing of the conviction is confirmed or the appeal is withdrawn, or

(c) there is no reasonable prospect of a retrial or rehearing in connection with the setting aside or quashing of the conviction,

the forensic material must be destroyed as soon as practicable unless an investigation into, or a proceeding against the person for, another offence is pending.