FORENSIC PROCEDURES ACT 2000
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. ]