CRIMINAL INVESTIGATION (IDENTIFYING PEOPLE) ACT 2002

Table of Provisions

• Long Title

PART 1 -- Preliminary  

• 1 Short title
 
• 2 Commencement
 
• 3 Terms used
 
• 4 Term used: reasonably suspects
 
• 4A Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies
 
• 5 Public officers may be authorised to exercise powers
 
• 6 Officer’s duty to identify himself or herself
 
• 7A Requesting or informing people under this Act
 
• 7 Non-consent to be assumed in some cases
 
• 8 Procedures for obtaining material from which to obtain specific identifying particulars
 
• 9 Samples for DNA profile of person to be provided to person on request
 
• 10 How charge is finalised without finding of guilt

PART 2 -- General  

• 11 Application of this Act
 
• 12A Authority required for some investigations
 
• 12 Information and forensic material from another State, a Territory or the Commonwealth
 
• 13 Assistance when exercising powers
 
• 14 Use of force when exercising powers
 
• 15 Warrants, applying for

PART 3 -- Personal details of people  

• 16 Name, address etc., duty to give to police etc.

PART 4 -- Identifying particulars of volunteers and others

Division 1 -- Preliminary  

• 17 Terms used
 
• 18 How identifying procedures are to be done

Division 2 -- Volunteers  

• 19 Volunteer for an identifying procedure to be informed
 
• 20 Volunteer may consent to identifying procedure

Division 3 -- Deceased people  

• 21 Identifying particulars of deceased people, taking of

Division 4 -- Police officers  

• 22 Identifying particulars of police officers, taking of

PART 5 -- Identifying particulars of victims and witnesses  

• 23 Terms used
 
• 24 How identifying procedures to be done
 
• 25 Request to adult to undergo identifying procedure
 
• 26 Request for protected person to undergo identifying procedure
 
• 27 Request and giving of information to be recorded
 
• 28 When identifying procedure may be done
 
• 29 Consent may be withdrawn
 
• 30 Decision may be changed
 
• 31 IP warrant (involved protected person), officer may apply for
 
• 32 IP warrant (involved protected person), application for
 
• 33 IP warrant (involved protected person), issue and effect of

PART 6 -- Identifying particulars of uncharged suspects  

• 34 Terms used
 
• 35 Purpose of identifying procedure
 
• 36 How identifying procedures to be done
 
• 37 Request to adult to undergo identifying procedure
 
• 38 Request for protected person to undergo identifying procedure
 
• 39 Request and giving of information to be recorded
 
• 40 When identifying procedure may be done
 
• 41 Consent may be withdrawn
 
• 42 Approval or IP warrant (suspect), officer may apply for
 
• 43 Approval to do non-intimate identifying procedure on adult, application for
 
• 44 Senior officer may approve non-intimate identifying procedure to be done on adult
 
• 45 IP warrant (suspect), application for
 
• 46 IP warrant (suspect), issue and effect of

PART 7 -- Identifying particulars of charged suspects  

• 47 Terms used
 
• 48 How identifying procedures are to be done
 
• 49 Request for charged suspect to undergo identifying procedure
 
• 50 Request and giving of information to be recorded
 
• 51 When identifying procedure may be done

PART 8A -- Identifying particulars of serious offenders  

• 52A Terms used
 
• 52B How identifying procedures are to be done
 
• 52C Identifying particulars may be taken
 
• 52D Request and giving of information to be recorded
 
• 52E When identifying procedure may be done

PART 8 -- How identifying procedures are to be done  

• 52 Terms used
 
• 53 Application of Part
 
• 54 General requirements
 
• 55 Sex of people doing procedures
 
• 56 Who may do identifying procedure
 
• 57 Personal details may be obtained as well
 
• 58 How samples and impressions to be taken
 
• 59 Procedures may be repeated
 
• 60 People not obliged to do procedures

PART 9 -- Use and destruction of identifying information  

• 61 Terms used
 
• 62 Identifying information of volunteers
 
• 63 Identifying information of deceased people
 
• 64 Identifying information of police officers
 
• 65 Identifying information of involved people
 
• 66 Identifying information of uncharged suspects
 
• 67 Identifying information of charged suspects
 
• 68A Identifying information of serious offenders
 
• 68 Results of matched information to be made available to suspects
 
• 69 Request for destruction of identifying information
 
• 70 Destroying identifying information
 
• 71 Responsibility for destroying identifying information
 
• 72 Supreme Court may order information not to be destroyed
 
• 73 Disclosure of identifying information
 
• 74 Use of illegal identifying information
 
• 75 Improper use of information obtained in accordance with Act

PART 10 -- DNA databases  

• 76 Terms used
 
• 77 DNA profiles lawfully obtained before commencement of PART
 
• 79 Database managers, duties of
 
• 80 Operators of DNA databases to be authorised

PART 11 -- Admissibility of evidence  

• 81 Evidence of refusal of consent etc.
 
• 82 Evidence of conduct of procedure
 
• 83 Evidence obtained illegally
 
• 84 Evidence kept illegally
 
• 85 Evidence from illegal use of information
 
• 86 Court may admit inadmissible evidence

PART 12 -- Enforcement elsewhere in Australia  

• 87 Terms used
 
• 88 Corresponding laws etc., prescribing
 
• 89 Forensic orders, registration of
 
• 90 Forensic orders registered in WA may be executed in WA
 
• 91 Arrangements for sharing information

PART 13 -- Miscellaneous  

• 92 Protection from personal liability
 
• 93 Regulations
 
• 94 Criminal Investigation (Identifying People) Amendment Act 2011, transitional provision for
  Uncommenced provisions table   Other notes Defined terms