Western Australian Consolidated Acts

CRIMINAL INVESTIGATION (IDENTIFYING PEOPLE) ACT 2002

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Interpretation  
   4.      Meaning of “reasonably suspects”  
   5.      Public officers may be authorised to exercise powers  
   6.      Officer’s duty to identify himself or herself  
   7.      Non-consent to be assumed in some cases  
   8.      Procedures for obtaining material from which to obtain DNA profile  
   9.      Samples of material to be provided on request  
   10.     When a charge is finalised without a finding of guilt  

   PART 2 -- General  

   11.     Application of this Act  
   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.     Officer may ask for name, address, etc.  

   PART 4 -- Identifying particulars of volunteers and others  

           Division 1 -- Preliminary  

   17.     Definitions  
   18.     How identifying procedures are to be done  

           Division 2 -- Volunteers  

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

           Division 3 -- Deceased people  

   21.     Identifying particulars of deceased people  

           Division 4 -- Police officers  

   22.     Identifying particulars of police officers  

   PART 5 -- Identifying particulars of victims and witnesses  

   23.     Definitions  
   24.     How identifying procedures are 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     Consent may be withdrawn  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.     Officer may apply for IP warrant (involved protected person)  
   32.     Application for IP warrant (involved protected person)  
   33.     Issue and effect of IP warrant (involved protected person)  

   PART 6 -- Identifying particulars of uncharged suspects  

   34.     Definitions  
   35.     Purpose of identifying procedure  
   36.     How identifying procedures are 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.     Officer may apply for approval of IP warrant (suspect)  
   43.     Application for approval to do non-intimate identifying procedure on adult  
   44.     Senior officer may approve non-intimate identifying procedure to be done on adult  
   45.     Application for IP warrant (suspect)  
   46.     Issue and effect of IP warrant (suspect)  

   PART 7 -- Identifying particulars of charged suspects  

   47.     Definitions  
   48.     How identifying procedures are to be done  
   49.     Identifying particulars may be taken  
   50.     Request and giving of information to be recorded  
   51.     When identifying procedure may be done  

   PART 8 -- How identifying procedures are to be done  

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

   PART 9 -- Use and destruction of identifying information  

   61.     Definitions  
   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  
   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.     Definitions  
   77.     DNA profiles lawfully obtained before commencement of Part  
   78.     Permitted comparisons with DNA database indexes  
   79.     Duties of database managers  
   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.     Definitions  
   88.     Prescribing corresponding laws etc.  
   89.     Registration of forensic orders  
   90.     Forensic orders registered in WA may be executed in WA  
   91.     Arrangements for sharing information  

   PART 13 -- Miscellaneous  

   92.     Legal protection for people acting under this Act  
   93.     Regulations  
   94.     Review of Act  
           Compilation table