CRIMES ACT 1914 SECT 23WD

(1)

A person is authorised to carry out a forensic procedure on a suspect with the informed consent of the suspect. The person is authorised to carry out the procedure in accordance with Division 6 and not otherwise.

(2)

This Division does not authorise the carrying out of a forensic procedure on a suspect who is:

(a)

a child; or

(b)

an incapable person.

(3)

This Division does not authorise keeping a suspect in custody, in order to carry out a forensic procedure, after the expiration of the investigation period provided for by Part 1C.

Note: If it is necessary to keep a suspect in custody after the expiration of the Part 1C investigation period in order to carry out a forensic procedure, an order of a magistrate under Division 5 will have to be obtained to authorise this.

(4)

Nothing in this Part or Part 1C prevents the carrying out of a forensic procedure, with the informed consent of the suspect, during the investigation period provided for by Part 1C. However, neither carrying out the forensic procedure, nor any delay associated with carrying out the forensic procedure, operates to extend the investigation period provided for by Part 1C.

Note: By contrast, the carrying out of a forensic procedure in accordance with a magistrate's order under Division 5, and associated delays, may delay the expiration of the investigation period provided for by Part 1C (see subsection 23C(7)).