| Part
1D--Forensic procedures
|
| 23WA
|
Definitions
|
| 23WB
|
Interview
friends
|
| 23WC
|
How
forensic procedures may be authorised in different
circumstances
|
| 23WCA
|
Time
limits for carrying out forensic procedures
|
| 23WD
|
Forensic
procedure may be carried out with informed consent of
suspect
|
| 23WE
|
People
who cannot consent to forensic procedures
|
| 23WF
|
Informed
consent to forensic procedures--general
|
| 23WG
|
Informed
consent to forensic procedures--Aboriginal persons and
Torres Strait Islanders
|
| 23WH
|
Constable
may request suspect to consent to forensic procedure
|
| 23WI
|
Matters
to be considered by constable before requesting consent
to forensic procedure
|
| 23WJ.
|
Matters
that suspect must be informed of before giving consent
|
| 23WK
|
Withdrawal
of consent
|
| 23WL.
|
Recording
of giving of information and suspect's responses
|
| 23WLA
|
Time
for carrying out forensic procedure--suspect not in
custody
|
| 23WM
|
Non-intimate
forensic procedure may be carried out by order of senior
constable
|
|
23WN
|
Circumstances
in which senior constable may order non-intimate
forensic procedures
|
| 23WO
|
Matters
to be considered by senior constable before ordering
forensic procedure
|
| 23WP
|
Record
of senior constable's order
|
| 23WQ
|
Forensic
procedure may be carried out by order of magistrate
|
| 23WR
|
Circumstances
in which magistrate may order forensic procedure
|
| 23WS
|
Final
order for carrying out of forensic procedure
|
| 23WT
|
Matters
to be considered by magistrate before ordering forensic
procedure
|
| 23WU
|
Application
for order
|
| 23WV
|
Securing
the presence of suspect at hearing--suspect in custody
|
| 23WW
|
Securing
the presence of suspect at hearing--suspect not in
custody
|
| 23WX
|
Procedure
at hearing of application for order
|
| 23WY
|
Making
of order
|
| 23XA
|
Interim
order for carrying out of a forensic procedure
|
| 23XB
|
Application
for interim order
|
| 23XC
|
Procedure
at hearing of application for interim order
|
| 23XD
|
Making
of interim order
|
| 23XE
|
Records
of application and interim order
|
| 23XF
|
Suspect
may be prevented from destroying or contaminating
evidence
|
| 23XG
|
Results
of forensic procedure carried out under interim order
|
| 23XGA
|
Application
|
| 23XGB.
|
Time
for carrying out forensic procedure--suspect not in
custody
|
| 23XGC
|
Arrest
of suspect not in custody
|
| 23XGD
|
Time
for carrying out forensic procedure--suspect in custody
|
| 23XH
|
Restrictions
on publication
|
| 23XI
|
General
rules for carrying out forensic procedures
|
| 23XIA
|
No
questioning during forensic procedure
|
| 23XIB
|
Suspect
must be cautioned before forensic procedure starts
|
| 23XJ
|
Use
of force in carrying out forensic procedures
|
| 23XK
|
Forensic
procedures not to be carried out in cruel, inhuman or
degrading manner
|
| 23XL.
|
Taking
of hair samples
|
| 23XM
|
Persons
who may carry out forensic procedures
|
| 23XN
|
Certain
forensic procedures generally to be carried out by
person of same sex as suspect
|
| 23XO
|
Person
may get help to carry out forensic procedures
|
| 23XP
|
Medical
practitioner or dentist of suspect's choice may be
present for intimate forensic procedures
|
| 23XQ
|
Presence
of interview friend or legal representative - children
and incapable persons
|
| 23XR
|
Presence
of interview friend or legal representative - Aboriginal
persons and Torres Strait Islanders
|
| 23XS
|
Presence
of constables
|
| 23XT.
|
Recording
of forensic procedure
|
| 23XU
|
Samples--sufficient
material to share
|
| 23XUA
|
Samples--insufficient
material to share
|
| 23XV
|
Photographs
|
| 23XW
|
Results
of analysis
|
| 23XWA
|
Preventing
the carrying out of forensic procedure
|
| 23XWB
|
Forensic
procedures to which Division applies
|
| 23XWC
|
Non-intimate
forensic procedures authorised to be carried out on
offenders
|
| 23XWD
|
Intimate
forensic procedures authorised to be carried out on
serious offenders
|
| 23XWE
|
Application
of
|
|
23XWF
|
Scope
of authorisation
|
| 23XWG
|
Informed
consent to forensic procedures
|
| 23XWH
|
Constable
may request offender to consent to forensic procedure
|
| 23XWI
|
Matters
to be considered by constable before requesting consent
to forensic procedure
|
| 23XWJ
|
Matters
that offender must be informed of before giving consent
|
| 23XWK
|
Circumstances
in which constable may order non-intimate forensic
procedure
|
| 23XWL
|
Matters
to be considered by constable
|
| 23XWM
|
Recording
of giving of information and consent
|
| 23XWN
|
Record
of constable's order
|
| 23XWO
|
Judge
or magistrate order for carrying out forensic procedure
on offender
|
| 23XWP
|
Carrying
out forensic procedure following conviction
|
| 23XWQ
|
Carrying
out of forensic procedures on volunteers
|
| 23XWR
|
Informed
consent of volunteer or parent or guardian of volunteer
|
| 23XWS
|
Recording
of giving of information and consent
|
| 23XWT.
|
Withdrawal
of consent
|
| 23XWU
|
Circumstances
in which magistrate may order the carrying out of
forensic procedure on a child or incapable person
|
| 23XWV
|
Retention
of forensic material by order of a magistrate after
volunteer, parent or guardian of child or incapable
person withdraws consent
|
| 23XX
|
Inadmissibility
of evidence from improper forensic procedures etc.
|
| 23XY
|
Inadmissibility
of evidence where forensic material required to be
destroyed
|
| 23XZ
|
Admissibility
of evidence relating to consent to forensic procedure
|
| 23YA
|
Admissibility
of evidence relating to carrying out of forensic
procedure
|
| 23YB
|
Obstructing
the carrying out of forensic procedure
|
| 23YC
|
Destruction
of forensic material where interim order disallowed
|
| 23YD
|
Destruction
of forensic material after 12 months
|
| 23YDAA
|
Destruction
of forensic material taken from offender after
conviction quashed
|
| 23YDAB
|
Destruction
of forensic material where related evidence is
inadmissible
|
| 23YDAC
|
Definitions
|
| 23YDAD
|
Supply
of forensic material for purposes of DNA database
|
| 23YDAE
|
Use
of information on DNA database system
|
| 23YDAF
|
Permissible
matching of DNA profiles
|
| 23YDAG
|
Recording,
retention and removal of identifying information on DNA
database system
|
| 23YDA
|
Interpreters
|
| 23YE
|
Powers
etc. of legal representatives and interview friends
|
| 23YF
|
Obligation
of investigating constables relating to tape recordings
|
| 23YG
|
Material
required to be made available to suspect, offender or
volunteer
|
| 23YH
|
No
charge to be made for giving material etc. to suspects,
offenders and volunteers
|
| 23YI
|
Proof
of belief or suspicion
|
| 23YJ
|
Proof
of impracticability
|
| 23YJA
|
Proof
that time should be disregarded
|
| 23YK
|
Proof
of voluntary waiver of certain rights
|
| 23YL
|
Liability
for forensic procedures
|
| 23YM
|
Experts
not obliged to carry out forensic procedures
|
| 23YN
|
Retention
of electronic recordings
|
| 23YO
|
Disclosure
of information
|
| 23YP
|
Taking,
retention and use of forensic material
|
| 23YQ
|
Commissioner
may delegate functions and powers Part and effect on
other laws
|
| 23YQA
|
Part
does not apply to persons under 10
|
| 23YR
|
Relationship
with Part 1AA
|
| 23YS
|
Relationship
with Part 1C
|
| 23YU
|
Application
of other laws
|
| 23YUA
|
Definitions
|
| 23YUB
|
Registration
of orders
|
| 23YUC
|
Carrying
out of registered orders
|
| 23YUD
|
Database
information
|
| 23YV
|
Review
of operation of Part
|
|
|
