• Specific Year
    Any

FORENSIC PROCEDURES ACT 2000

- Act 101 of 2000 - Royal Assent 20 December 2000

Table of Provisions

Long Title

PART 1 - Preliminary

  • 1 Short title
  • 2 Commencement
  • 3 Interpretation
  • 4 Prohibition on application of Act to children under age of 10 years
  • except in limited circumstances
  • 5 Non-application of Act to victims
  • 6 Non-application of Act to surveillance photographs and video
  • recordings
  • 7 Application of other Acts not limited

PART 2 - Forensic Procedures on Suspects and Charged Persons

Division 1 - Circumstances for carrying out forensic procedures on

suspects and charged persons
  • 8 Circumstances for carrying out forensic procedure

Division 2 - Consent to forensic procedure

  • 9 Police request for consent to forensic procedure
  • 10 Information to be provided before giving consent to forensic
  • procedure

Division 3 - Non-intimate forensic procedure on order of police

officer
  • 11 Application of Division 3
  • 12 Circumstances in which police officer may order non-intimate forensic
  • procedure
  • 13 Custody of suspect or charged person for purpose of carrying out
  • non-intimate forensic procedure

Division 4 - Forensic procedure on order of magistrate

  • 14 Application for forensic procedure order
  • 15 Securing the presence at hearing of a suspect or charged person who
  • is under 15 and not in custody
  • 16 Procedure at forensic procedure application hearing if suspect or
  • charged person under 15
  • 17 Forensic procedure order

Division 5 - Interim forensic procedure order

  • 18 Application for interim forensic procedure order
  • 19 Interim forensic procedure order
  • 20 Records of application and interim forensic procedure order
  • 21 Results of forensic procedure carried out under interim forensic
  • procedure order

Division 6 - Miscellaneous

  • 22 Preventing destruction or contamination of evidence
  • 23 Suspect or charged person may be taken into custody following
  • forensic procedure order
  • 24 Restrictions on publication in respect of suspect

PART 3 - Non-Intimate Forensic Procedures On Prescribed Offenders

  • 25 Circumstances for non-intimate forensic procedure on prescribed
  • offender
  • 26 Non-intimate forensic procedure on order of police officer
  • 27 Custody of prescribed offender on parole for purposes of carrying
  • out non-intimate forensic procedure
  • 28 Forensic procedure carried out in prison, &c.

PART 4 - Forensic Procedures On Volunteers Division 1 -

Circumstances for carrying out forensic procedures on volunteers
  • 29 Circumstances for carrying out forensic procedures on volunteers

Division 2 - Consent to forensic procedure

  • 30 Informing volunteer or parent of forensic procedure
  • 31 Withdrawal of consent to retention of forensic material

Division 3 - Order to retain forensic material, &c.

  • 32 Application for order to retain forensic material, &c.
  • 33 Procedure at hearing
  • 34 Order for retention of forensic material, &c.

PART 4A - Non-intimate Forensic Procedures on Police Officers and

Members of the Police Service
  • 34A Police officers may volunteer to undergo non-intimate forensic
  • procedures
  • 34B Requiring police officers and members of the Police Service to
  • undergo non-intimate forensic procedures
  • 34C Limit on use, &c., of forensic material taken under this Part

PART 4B - Sampling Procedures on Children Under Age of 10 Years

  • 34D Circumstances for carrying out sampling procedures on young children
  • 34E Police request for consent to sampling procedure
  • 34F Withdrawal of consent to sampling procedure
  • 34G Application for order of magistrate authorising sampling procedure
  • 34H Notice of hearing of application
  • 34I Procedure at sampling procedure application hearing
  • 34J Sampling procedure order
  • 34K General rules for carrying out sampling procedures
  • 34L Presence of parent or witness while sampling procedure is carried
  • out
  • 34M Presence of police officers during sampling procedure
  • 34N Limit on use of forensic material taken under this Part

PART 5 - Carrying Out Forensic Procedures Division 1 - General

provisions
  • 35 General rules for carrying out forensic procedure
  • 36 Use of force in carrying out forensic procedure
  • 37 Taking samples of hair
  • 38 Withdrawal of consent

Division 2 - Who may carry out and be present during forensic

procedures
  • 39 Forensic procedure carried out by authorised person only
  • 40 Authorised persons and persons who may be present during forensic
  • procedure
  • 41 Certain forensic procedures generally to be carried out by person of
  • same sex
  • 42 Person may get help to carry out forensic procedure
  • 43 Presence of medical practitioner or dentist of choice
  • 44 Presence of parent or witness while forensic procedure is carried
  • out
  • 45 Presence of police officers during forensic procedure

PART 6 - Admissibility of Evidence

  • 46 Rules of evidence apply to evidence obtained illegally, &c.
  • 47 Admissibility of evidence relating to consent to forensic procedures
  • 48 Obstructing, &c., the carrying out of forensic procedure

PART 7 - Destruction of Forensic Material

  • 49 Destruction of forensic material if interim forensic procedure order
  • disallowed
  • 50 Destruction of certain forensic material obtained by court order
  • 51 Destruction of suspect's or charged person's forensic material after
  • 12 months
  • 51A Destruction of forensic material taken under section 34A or 34B
  • 51B Destruction of forensic material taken under Part 4B

PART 8 - DNA Database System

  • 52 Supply of forensic material
  • 53 Use of information on DNA database system
  • 54 Permissible matching of DNA profiles
  • 55 Recording, retention and removal of identifying information on DNA
  • database system
  • 56 Inclusion on DNA database system of information from material
  • obtained before this Act

PART 8A - Use of Information from Forensic Material of Police

Officer or Member of the Police Service
  • 56A Other use of information from forensic material of police officer or
  • member of the Police Service

PART 9 - Miscellaneous Division 1 - Interstate enforcement

  • 57 Registration of orders
  • 58 Database information

Division 2 - Miscellaneous

  • 59 Carrying out second forensic procedure
  • 60 Powers and rights of legal representatives
  • 61 Liability for forensic procedures
  • 62 Authorised persons not obliged to carry out forensic procedures
  • 63 Disclosure of information
  • 64 Taking, retention and use of forensic material and information
  • 65 Regulations
  • 66 Administration of Act
  • 66A Savings and transitional provision
  • 67 Section 67
  • 68 Acts repealed
  • SCHEDULE 1

    [ Note: This table has been automatically generated and may be incomplete. ]

Navigate