FORENSIC PROCEDURES ACT 2000
- Act 101 of 2000 - Royal Assent 20 December 2000Table of Provisions
Long TitlePART 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
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. ]